AN ACT relating to gaming devices;
authorizing the Nevada gaming commission to regulate manufacturers and
distributors located outside the state; limiting the rights of a manufacturer
found unsuitable to hold a license; authorizing the commission to determine the
suitability of manufacturers and distributors of components therefor; and
providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 463 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
and 3 of this act.

Sec. 2. If the commission determines that a manufacturer is unsuitable
to receive or hold a license.

1. No new gaming
device manufactured by the manufacturer may be approved;

2. Any previously
approved device manufactured by the manufacturer is subject to revocation of approval
if the reasons for the denial of the license also apply to that device;

3. No new device
manufactured by the manufacturer may be sold, transferred or offered for use or
play in Nevada; and

4. Any association
or agreement between the manufacturer and a licensee must be terminated, unless
otherwise provided by the commission. An agreement between such a manufacturer
of gaming devices and a licensee shall be deemed to include a provision for its
termination without liability on the part of the licensee upon a finding by the
commission that the manufacturer is unsuitable to be associated with a gaming
enterprise. Failure to include that condition in the agreement is not a defense
in any action brought pursuant to this section to terminate the agreement.

Sec. 3. 1. A manufacturer or distributor of components
for gaming devices which do not affect the result of a wager by determining
wins or losses, who sells, transfers or offers the components for use or play
in Nevada may be required by the commission, upon recommendation of the board,
to file an application for a finding of suitability to be associated with a
licensed manufacturer.

2. Any person who
directly or indirectly involves himself in the sale, transfer or offering for
use or play in Nevada of such components or of gaming devices who is not
otherwise required to be licensed as a manufacturer or distributor may be
required by the commission, upon recommendation of the board, to file an
application for a finding of suitability to be associated with a licensed
manufacturer or distributor.

3. If an
application for a finding of suitability is not submitted to the board within
30 days after demand by the commission, it may pursue any remedy or combination
of remedies provided in this chapter.

Sec. 4. NRS 463.0129 is
hereby amended to read as follows:

463.0129 1. The legislature
hereby finds, and declares to be the public policy of this state, that:

(a) The gaming industry is vitally important to
the economy of the state and the general welfare of the inhabitants.

(b) The continued growth and success of [the] gaming [industry]
is dependent upon public confidence and trust that licensed gaming is conducted
honestly and competitively and that [the]
gaming [industry] is free from
criminal and corruptive elements.

(c) Public confidence and trust can only be
maintained by strict regulation of all persons, locations, practices,
associations and activities related to the operation of licensed gaming
establishments and the manufacture or distribution of gambling devices and
equipment.

(d) All establishments where gaming is conducted
and where gambling devices are operated, and manufacturers, sellers and distributors
of certain gambling devices and equipment [in the
state shall]must therefore be
licensed, controlled and assisted to protect the public health, safety, morals,
good order and general welfare of the inhabitants of the state, to foster the
stability and success of [the]
gaming [industry] and to preserve
the competitive economy and policies of free competition of the State of
Nevada.

2. No applicant for a license or other
affirmative commission approval has any right to a license or the granting of
the approval sought. Any license issued or other commission approval granted
pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable
privilege, and no holder acquires any vested right therein or thereunder.

Sec. 5. NRS 463.650 is
hereby amended to read as follows:

463.650 1. Except as
provided in subsections 2 and 3, it is unlawful for any person, either as
owner, lessee or employee, whether for hire or not, to operate, carry on,
conduct or maintain [in the State of Nevada]
any form of manufacture, selling or distribution of any gaming device for use or play in Nevada without having first procured
and maintained all required federal, state, county and municipal licenses.

2. A lessor who specifically acquires
equipment for a capital lease is not required to be licensed under this section
or NRS 463.660.

3. The holder of a state gaming license
may, within 2 years of cessation of business or upon specific approval by the
board, dispose of by sale in a manner approved by the board, any or all of his
gaming devices, including slot machines, without a distributors license. In
cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a
bank or other person holding a security interest for which gaming devices are
security in whole or in part for the lien, the board may authorize the
disposition of the gaming devices without requiring a distributors license.

4. Any person whom the commission
determines to be a suitable person to receive a license under the provisions of
this section and NRS 463.660 may be issued a manufacturers or distributors
license. The burden of proving his qualification to receive or hold a license
under this section and NRS 463.660 is at all times on the applicant or
licensee.

5. Every person who must be licensed
pursuant to this section is subject to the provisions of NRS 463.482 to
463.645, inclusive, unless exempted from those provisions by the commission.

6. The commission may exempt, for any
purpose, a manufacturer, seller or distributor from the provisions of NRS
463.482 to 463.645, inclusive, if the commission determines that the exemption
is consistent with the purposes of this chapter.

Sec. 6. NRS 463.670 is
hereby amended to read as follows:

463.670 1. The legislature
finds and declares as facts:

(a) That the inspection of gaming devices is
essential to carry out the provisions of this chapter; and

(b) That inspection of gaming devices [manufactured within this state] is
greatly facilitated by the opportunity to inspect components before assembly
and to examine the methods of manufacture.

2. The board may inspect every gaming
device which is manufactured, sold or distributed:

(a) For use in this state, before the gaming
device is put into play.

(b) In this state for use outside this state,
before the gaming device is shipped out of this state.

3. The board may inspect every gaming
device which is offered for play within this state by a licensee.

4. In addition to all other fees and
charges imposed by this chapter, the board may determine, charge and collect an
inspection fee from each manufacturer, seller or distributor which must not
exceed the actual cost of inspection and investigation.

Sec. 7. A manufacturer of a
gaming device which has been approved by the commission before the effective
date of this act who has no place of business in Nevada shall submit an
application for licensing pursuant to section 2 of this act within 60 days
after the effective date of this act. He may continue to distribute, sell,
transfer or offer gaming devices for use or play in Nevada which have been
approved until he has been notified by the commission of a denial of his
application. A gaming device manufactured by him for use or play in Nevada
which has not been approved before the effective date of this act may be
approved by the commission during the time his application is being considered.
The commission may deny approval of a new gaming device during this time on the
grounds that the manufacturer thereof has not been licensed by the commission.

________

κ1983
Statutes of Nevada, Page 1208κ

CHAPTER 458, AB 549

Assembly Bill No.
549Committee on Government Affairs

CHAPTER 458

AN ACT creating the Airport Authority of
Lander County; making legislative findings and declarations; defining certain
words and terms; providing for the appointment, number, terms, compensation,
duties and powers of a board of trustees; specifying the powers of the
authority, including the power to levy and collect general (ad valorem) taxes,
borrow money and issue securities to evidence such borrowing; requiring the
transfer of airport properties, functions and outstanding obligations of Lander
County to the authority; providing penalties; and providing other matters properly
relating thereto.

[Approved May 23, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. This act may be
cited as the Airport Authority Act for Lander County.

Sec. 2. 1. The
legislature finds that:

(a) The airport of the town of Battle Mountain
has traditionally been operated by the town as a municipal function and
originally served primarily the residents of the town of Battle Mountain.

(b) With the development of multiple contiguous communities,
suburban living and rapid increases in recreational pursuits by the traveling
public, the airport of the town of Battle Mountain is now serving the
inhabitants of a large geographical area and ever-increasing numbers of
tourists.

(c) What was once a municipal airport in both
name and fact is now a regional airport.

(d) The financial problems of the airports have
become more complex and administrative activities are required to be more
responsive to the community at large and the directly paying airport tenants
and users.

(e) The town of Battle Mountain is unable to
operate the airport effectively within the traditional framework of local
government, evidencing the need to create a special governmental corporation to
provide specific facilities and services to the public.

(f) Development of the modern airport requires
the expenditure of large sums of money for land acquisition and capital
improvements not available to the town of Battle Mountain through the issuance
of municipal securities secured by general obligation tax receipts.

(g) Because of special circumstances and
conditions a general law cannot be made applicable, and this special act will
allow the tax burden to spread over the designated district in Lander County
rather than coming to rest solely upon the principal municipality in the
district.

(h) This act will accommodate the expanding urban
population patterns, provide adequate funding and establish the administrative
machinery necessary to insure adequate air service to the region.

2. It is hereby declared as a matter of
legislative determination that:

(a) The organization of the Airport Authority of
Lander County having the purposes, powers, rights,
privileges and immunities provided in this act will serve a public use and will
promote the general welfare by facilitating safe and convenient air travel and
transport to and from the Lander County area.

having the purposes, powers, rights, privileges and
immunities provided in this act will serve a public use and will promote the
general welfare by facilitating safe and convenient air travel and transport to
and from the Lander County area.

(b) The acquisition, operation and financing of
an airport in Battle Mountain and related facilities by the Airport Authority
of Lander County is for a public and governmental purpose and a matter of
public necessity.

(c) The Airport Authority of Lander County is a
body corporate and politic and a quasi-municipal corporation, the geographical
boundaries of which are in the designated district.

(d) For the accomplishment of the purposes
stated in this subsection, the provisions of this act must be broadly
construed.

Sec. 3. As used in this act
the following words or phrases are defined as follows:

1. Airport means any one or more
airports or heliports and related facilities, including but not limited to land
and interests in land, facilities for storage of aircraft and spacecraft,
navigation and landing aids, taxiways, pads, aprons, control towers, passenger
and cargo terminal buildings, hangars, administration and office buildings,
garages, parking lots and such other structures, facilities and improvements as
are necessary or convenient to the development and maintenance of airports and
heliports and for the promotion and accommodation of air and space travel,
commerce and navigation.

2. Authority means the Airport
Authority of Lander County created pursuant to the provisions of this act.

3. Board of trustees and board each
means the board of trustees of the authority.

4. Carrier means any person or
corporation engaged in the air or space transportation of passengers or cargo.

5. Designated district means that
portion of Lander County lying north of the 40th parallel.

6. Lander County means the county
created by and described in NRS 243.165.

Sec. 4. 1. The
Airport Authority of Lander County is hereby created.

2. The property and revenues of the
authority, or any interest therein, are exempt from all state, county and
municipal taxation.

Sec. 5. 1. The
authority must be governed by a board of trustees composed of seven persons who
are residents of the designated district.

2. After the initial terms, the members
must be elected for terms of 4 years.

3. Within 60 days after the effective
date of this act:

(a) The board of county commissioners of Lander
County shall appoint from the designated district four trustees to initial
terms which expire when their successors are elected and qualified at the
general election held in November of 1986.

(b) The Lander County Fair and Recreation Board
shall appoint from the designated area two trustees to initial terms which
expire when their successors are elected and qualified in
the general election held in November of 1984.

when their successors are elected and qualified in the
general election held in November of 1984.

(c) The Lander County School District shall
appoint from the designated area one trustee to an initial term which expires
when his successor is elected and qualified in the general election held in
November of 1984.

Sec. 6. 1. Each
member of the board shall file with the county clerk:

(a) His oath of office.

(b) A corporate surety bond furnished at
authority expense, in an amount not to exceed $5,000, and conditioned for the
faithful performance of his duties as a member of the board.

2. No member of the board, during his
term thereon, may have any financial interest in the aviation industry or be
interested as a private purveyor in any contract or transaction with the board
or the authority.

3. Each member of the board is entitled
to receive $40 for each regular board meeting attended and $40 for each special
meeting attended and the per diem expense allowance and travel expenses as
provided by law for state employees.

Sec. 7. 1. The
board shall elect a chairman, vice chairman, secretary and treasurer, who must
be members of the board. The secretary and the treasurer may be one person. The
terms of the officers expire on the date their successors are elected and
qualified in the general election.

2. The secretary shall keep, in a
well-bound book, a record of all of the proceedings of the board, minutes of
all meetings, certificates, contracts, bonds given by employees, and all other
acts of the board. The minute book and records must be open to the inspection
of all interested persons, at all reasonable times and places.

3. The treasurer shall keep, in permanent
records, strict and accurate accounts of all money received by and disbursed
for and on behalf of the board and the authority. He shall file with the county
clerk, at authority expense, a corporate fidelity bond in an amount not less
than $25,000, conditioned for the faithful performance of his duties.

Sec. 8. 1. The
board shall meet regularly at a time and in a place to be designated by the
board. Special meetings may be held as often as the needs of the board require,
on notice to each board member.

2. A majority of the members shall
constitute a quorum at any meeting. Every motion and resolution of the board
must be adopted by at least a majority of the members present and constituting
the quorum at such meeting.

3. The board shall adopt a seal.

Sec. 9. The board shall
comply with the provisions of the Local Government Purchasing Act and the Local
Government Budget Act.

Sec. 10. The authority may
do all things necessary to accomplish the purposes of this act. The authority
may, by reason of example and not of limitation:

3. Acquire real or personal property or
any interest therein by gift, lease or purchase for any of the purposes
provided in this section, including the elimination, prevention or marking of
airport hazards.

4. Sell, lease or otherwise dispose of
any real property.

5. Acquire real property or any interest
therein in areas most affected by aircraft noise for the purpose of resale or
lease thereof, subject to restrictions limiting its use to industrial or other
purposes least affected by aircraft noise.

6. Enter into agreements with Lander
County and Battle Mountain to acquire, by lease, gift, purchase or otherwise,
any airport of the county or municipality and to operate the airport.

7. Exercise the power of eminent domain
and dominant eminent domain in the manner provided by law for the condemnation
by a town of private property for public use to take any property necessary to
the exercise of the powers granted, within the designated district in Lander
County.

8. Apply directly to the proper federal,
state, county and municipal officials and agencies or to any other source,
public or private, for loans, grants, guarantees or other financial assistance
in aid of airports operated by it, and accept the same.

9. Study and recommend to the board of
county commissioners of Lander County and the town council of Battle Mountain
zoning changes in the area of any airport operated by the authority with respect
to height and aviation obstructions in order to enable the authority to meet
the requirements of any Federal Aviation Administration regulations.

10. Have control of its airports with the
right and duty to establish and charge fees, rentals, rates and other charges,
and collect revenues therefrom, not inconsistent with the rights of the holders
of its bonds, and enter into agreements with carriers for the payment of
landing fees, rental rates and other charges.

11. Use in the performance of its functions
the officers, agents, employees, services, facilities, records and equipment of
Lander County or Battle Mountain, with the consent of the county or municipality
and subject to such terms and conditions as may be agreed upon.

12. Enter upon such lands, waters or
premises as in the judgment of the authority may be necessary for the purpose
of making surveys, soundings, borings and examinations to accomplish any
purpose authorized by this act. The authority is liable for actual damage done.

13. Provide its own fire protection,
police and crash and rescue service.

14. Contract with carriers with regard to
landings and the accommodations of the employees and passengers of such
carriers.

15. Contract with persons or corporations
to provide goods and services for the use of the employees and passengers of
the carriers and the employees of the authority, as
necessary or incidental to the operation of the airports.

the employees of the authority, as necessary or incidental
to the operation of the airports.

16. Hire and retain officers, agents and
employees, including a fiscal adviser, engineers, attorneys or other
professional or specialized personnel.

17. Adopt regulations governing vehicular
traffic on its airports relating but not limited to speed restrictions,
stopping, standing and parking, loading zones, turning movements and parking
meters. It is unlawful for any person to do any act forbidden or fail to
perform any act required in such regulations.

Sec. 11. The board has and
may exercise all rights and powers necessary or incidental to or implied from
the specific powers granted in this act. Such specific powers are not a
limitation upon any power necessary or appropriate to carry out the purposes
and intent of this act.

Sec. 12. In addition to the
other means for providing revenue for the authority, the board, subject to the
approval of the board of county commissioners of Lander County, has power to
levy and collect general (ad valorem) taxes on and against all taxable property
within the geographical boundaries of the authority, such levy and collection
to be made by the board in conjunction with the county and its officers as set
forth in this act.

Sec. 13. 1. To
levy and collect taxes, the board shall determine, in each year, the amount of
money necessary to be raised by taxation, taking into consideration other
sources of revenue of the authority, and shall, subject to the approval of the
board of county commissioners of Lander County, fix a rate of levy which, when
levied upon every dollar of assessed valuation of taxable property within the
geographical boundaries of the authority, and together with other revenues,
will raise the amount required by the authority annually to pay the costs of
acquiring, operating and maintaining the airport of the authority, and promptly
to pay in full, when due, all interest on and principal of general obligation
bonds and other general obligations of the authority. In the event of accruing
defaults or deficiencies, an additional levy may be made as provided in section
14 of this act.

2. The board shall certify to the board
of county commissioners of Lander County, at the same time as fixed by law for
certifying thereto tax levies, the rate so fixed with directions that at the
time and in the manner required by law for levying taxes for county purposes
the board of county commissioners shall levy such tax upon the assessed valuation
of all taxable property within the geographical boundaries of the authority, in
addition to such other taxes as may be levied by the board of county
commissioners at the rate so fixed and determined.

Sec. 14. 1. The
board, in certifying annual levies, shall take into account the maturing
general obligation indebtedness for the ensuing year as provided in its
contracts, maturing general obligation bonds and interest on such bonds, and
deficiencies and defaults of prior years, and shall make ample provision for
the payment thereof.

2. If the money produced from these
levies, together with other revenues of the authority, are not sufficient
punctually to pay the annual installments on such
obligations, and interest thereon, and to pay defaults and deficiencies, the
board shall make, with the approval of the board of county commissioners of
Lander County, such additional levies of taxes as may be necessary for such
purposes, and, notwithstanding any limitations, the taxes must be made and
continue to be levied until the general obligation indebtedness of the
authority is fully paid.

annual installments on such obligations, and interest
thereon, and to pay defaults and deficiencies, the board shall make, with the
approval of the board of county commissioners of Lander County, such additional
levies of taxes as may be necessary for such purposes, and, notwithstanding any
limitations, the taxes must be made and continue to be levied until the general
obligation indebtedness of the authority is fully paid.

Sec. 15. 1. The
body having authority to levy taxes within each county shall levy the taxes
provided in this act.

2. All officials charged with the duty of
collecting taxes shall collect the taxes at the time and in the same form and
manner, and with like interest and penalties, as other taxes are collected and
when collected shall pay the same to the authority. The payment of such
collections must be made monthly to the treasurer of the authority and paid
into the depository thereof to the credit of the authority.

3. All taxes levied under this act,
together with interest thereon and penalties for default in payment thereof,
and all costs of collecting such taxes, interest and penalties constitute,
until paid, a perpetual lien on and against the property taxed; and the lien is
on a parity with the tax lien of other general taxes.

Sec. 16. If the taxes levied
are not paid as provided in this act, the property subject to the tax lien must
be sold and the proceeds thereof must be paid over to the authority according
to the provisions of the laws applicable to tax sales and redemptions.

Sec. 17. Whenever any
indebtedness or other obligations have been incurred by the authority, the
board may, with the approval of the board of county commissioners of Lander
County, levy taxes and collect revenue for the purpose of creating funds in
such amount as the board may determine, which may be used to meet the
obligations of the authority, for maintenance and operating charges and
depreciation, and provide extension of and betterments to the airports of the
authority.

Sec. 18. Upon the conditions
and under the circumstances set forth in this act and in compliance with the
Local Government Securities Law, the authority may borrow money and issue the
following securities to evidence such borrowing:

1. Short-term notes, warrants and interim
debentures.

2. General obligation bonds.

3. Revenue bonds.

Sec. 19. The authority may
borrow money and incur or assume indebtedness therefor, as provided in this
act, so long as the total of all such indebtedness (but excluding revenue bonds
and other securities constituting special obligations which are not debts) does
not exceed an amount equal to 5 percent of the total of the last assessed
valuation of taxable property (excluding motor vehicles) situated within the
geographical boundaries of the authority.

Sec. 20. The authority, upon
the affirmative vote of five trustees and with the approval of the board of
county commissioners of Lander County, is authorized to borrow money without an
election in anticipation of the collection of taxes or other revenues, and to
issue warrants and interim debentures to evidence the amount so borrowed.

Sec. 21. 1. Subject
to the provisions of NRS 350.001 to 350.006, inclusive, whenever the board
determines, by resolution, that the interest of the authority and the public
interest or necessity demand the issue of general obligation bonds to purchase,
construct, or otherwise acquire, maintain, improve or equip airports, the board
shall order the submission of the proposition of issuing such bonds to the
registered voters of the authority at an election held for that purpose in the
manner provided by NRS 350.020 to 350.070, inclusive.

2. Any such election may be held
separately, or may be consolidated or held concurrently with any other election
authorized by law.

3. The declaration of public interest or
necessity required by this section and the provision for the holding of such
election may be included within one and the same resolution, which resolution,
in addition to the declaration of public interest or necessity, must:

(a) Recite the objects and purposes for which
the indebtedness is proposed to be incurred, the estimated cost of the works or
improvements, as the case may be, the maximum amount of principal of the
indebtedness to be incurred therefor, and the maximum rate of interest to be
paid on the indebtedness.

(b) Fix the date upon which the election will be
held and the manner of holding it and the method of voting for or against the
incurring of the proposed indebtedness.

(c) Fix the compensation to be paid the officers
of the election, designate the polling place and appoint, for each polling
place from the electors of the authority, three officers of the election, one
of whom shall act as clerk.

Sec. 22. 1. The
election board shall conduct the election in the manner prescribed by law for
the holding of general elections, and shall make their returns to the secretary
of the authority.

2. At any regular or special meeting of
the board of county commissioners of Lander County held within 5 days following
the date of the election, the returns thereof must be canvassed and the results
thereof declared.

Sec. 23. 1. If
it appears from the returns that the registered voters of the authority
approved the proposition submitted in the manner provided by NRS 350.070, the
authority shall thereupon be authorized to issue and sell bonds of the
authority for the purpose and object provided for in the proposition submitted
and in the resolution therefor, and in the amount so provided and at a rate of
interest not exceeding the rate of interest recited in the resolution.

2. Submission of the proposition of
incurring such bonded indebtedness at an election does not prevent or prohibit
submission of the proposition at any subsequent election called for that
purpose.

Sec. 24. The authority may
issue bonds (without the necessity of holding an election and as an alternative
or in addition to other forms of borrowing authorized in this act) for the
purpose of acquiring or improving airports, and the bonds must be made payable
solely out of the net revenues derived from the operation of the airport or the
furnishing of services, or from both such revenue sources of the authority; but
a single bond issue may be had for more than one of such airports or services and the revenues for any of the income-producing
airports and services provided by the authority may be pledged to pay for any
other such airport or service.

or services and the revenues for any of the income-producing
airports and services provided by the authority may be pledged to pay for any
other such airport or service. To that end, a single utility fund for any
number of airports and services may be established and maintained.

Sec. 25. 1. Subject
to the limitations and other provisions in this act, the board may issue on its
behalf and in its name at any time or from time to time, as the board may
determine, the following types of securities in accordance with the provisions
of the Local Government Securities Law, except as otherwise provided in
subsections 3, 4 and 5:

(a) General obligation bonds and other general
obligation securities payable from general (ad valorem) property taxes;

(b) General obligation bonds and other general
obligation securities payable from general (ad valorem) property taxes, the
payment of which securities is additionally secured by a pledge of and lien on
net revenues;

(c) Revenue bonds and other securities
constituting special obligations and payable from net revenues, but excluding
the proceeds of any general (ad valorem) property taxes, which payment is
secured by a pledge of and lien on such net revenues; or

(d) Any combination of such securities.

2. Nothing in this act prevents the
authority from funding, refunding or reissuing any outstanding securities of
the authority of a type designated in subsection 1 as provided in the Local
Government Securities Law.

3. General obligation or revenue bonds
may be sold for not less than 90 percent of their face amount and for an
effective rate which must not exceed by more than 3 percent:

(a) For general obligations, the Index of Twenty
Bonds; and

(b) For special obligations, the Index of
Revenue Bonds,

which was most recently published before the bids are
received or a negotiated offer is accepted.

4. General obligation bonds, regardless
of whether their payment is additionally secured by a pledge of and lien on net
revenues, must be sold as provided in the Local Government Securities Law.

5. Revenue bonds may be sold at public
sale as provided in the Local Government Securities Law or sold at private
sale.

Sec. 26. The board may
provide for the appointment of a paying or fiscal agency within or without the
state, in relation to any general obligation or revenue bonds of the authority,
which must be a bank possessing trust powers and which must act in a fiduciary
capacity and not as a depositary, and may:

1. Provide for the powers, duties,
functions and compensation of the agent.

2. Limit the liabilities of the agent.

3. Prescribe a method for his resignation
and removal, and the merger or consolidation of agents.

4. Prescribe a method for the appointment
of a successor agent and the transfer of rights and properties to the
successor.

Sec. 27. 1. Bonds
issued pursuant to this act, and the income therefrom, are exempt from all
state, county and municipal taxation.

2. All public officers and bodies of the
state, municipal corporations, political subdivisions, all insurance companies
and associations, all savings banks and savings institutions, including savings
and loan associations, all executors, administrators, guardians, trustees and all
other fiduciaries in the state may legally invest funds within their control in
bonds of the authority.

Sec. 28. The approval of the
board of county commissioners of Lander County required by sections 12, 13 and
14 of this act must not be unreasonably, capriciously or arbitrarily withheld.

Sec. 29. The authority is a
public employer within the meaning of NRS 286.070, and the provisions of
chapter 286 of NRS (Public Employees Retirement Act) apply to the authority
and its employees.

Sec. 30. The authority by
action of the board may adopt its own civil service plan to be administered by
the board, which plan must include but need not be limited to the following
provisions:

1. Entry into the service on the basis of
open competition.

2. Service, promotions and remuneration
on the basis of merit, efficiency and fitness.

3. Classifications of the positions in
the service.

4. The rating of candidates on the basis
of publicly announced competitive examinations and the maintenance of lists of
eligible candidates.

5. Employment of candidates from the
eligible lists in the highest qualified rating.

6. Probationary periods not to exceed 6
months.

7. Disciplinary action, suspension or
discharge of employees for cause only with the right of notice and review.

8. Schedules of compensation and pay
increases prepared by the board.

9. Promotion on the basis of ascertained
merit, seniority in service and competitive examinations.

10. Provision for keeping service records
on all employees.

11. Regulations for hours of work,
attendance, holidays, leaves of absence and transfers.

13. The exemption from civil service of
persons employed to render professional, scientific, technical or expert
service of a temporary or exceptional character, persons employed on projects
paid from the proceeds of bonds issued by the authority and persons employed
for a period of less than 3 months in any 12-month period.

14. Review by the board, at the request
of the employee in question and after notice and public hearing of any
disciplinary action, suspension or discharge of any employee, which action,
suspension or discharge may be affirmed, modified or reversed by the board.
Findings of fact by the board are subject to review by any court except for
illegality or want of jurisdiction.

Sec. 31. Nothing contained
in this act limits any power of Lander County to regulate airport hazards by
zoning.

Sec. 32. 1. It
is the duty of the board of trustees of the authority and the board of county
commissioners of Lander County, on or before July 1, 1983, to enter into an
agreement for the orderly transfer to the authority of the airport properties,
functions and outstanding obligations of Lander County, not inconsistent with
the rights of existing bondholders, effective July 1, 1983. The agreement may
include provisions for the transfer of Lander County airport employees to the
authority with the retention by the employees of any civil service status.

2. On July 1, 1983:

(a) Any money on hand or to become available to
Lander County for airport purposes shall be paid directly to the authority.

(b) Lander County shall deliver to the authority
all property ordinarily and appropriately used in the operation and maintenance
of the airport.

(c) The authority shall assume the obligations
issued and accounts payable by Lander County for airport purposes.

3. The board of trustees of the authority
first appointed pursuant to the provisions of this act shall:

(a) Meet promptly after their appointment and
organize.

(b) Execute the mandatory agreement specified in
subsection 1 of this section.

(c) Prepare the necessary budgets for the
authority for the fiscal year ending June 30, 1984, pursuant to law.

(d) Assume full control, operation and
maintenance of the Lander County airports on July 1, 1983, and exercise fully
thereafter all of the powers and assume all of the duties granted to and
imposed upon the board by this act.

Sec. 33. If any provision of
this act or the application thereof to any person or circumstances is held
invalid, such invalidity does not affect other provisions or applications of
the act which can be given effect without the invalid provision or application,
and to this end the provisions of this act are declared to be severable.

Sec. 34. If any action is
brought to have this act or any of its provisions declared invalid or to
contest the legal status of the authority, before the authority has received
money sufficient to employ an attorney, the district attorney of Lander County
shall defend the action on behalf of the authority.

________

κ1983
Statutes of Nevada, Page 1218κ

CHAPTER 459, AB 575

Assembly Bill No.
575Committee on Health and Welfare

CHAPTER 459

AN ACT relating to registered nurses;
authorizing the state board of pharmacy to permit certain registered nurses to
prescribe poisons, dangerous drugs and devices under certain circumstances;
authorizing the state board of pharmacy to set different fees for the
collective registration of certain registered nurses; authorizes the possessing
and administering of controlled substances and dangerous drugs without certain
certificates; and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 639 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

1. A registered
nurse may prescribe, under protocol and only by written prescription, poisons,
dangerous drugs and devices if he:

(a) Is authorized to do
so by the state board of nursing in a certificate issued by that board; and

(b) Applies for and
obtains a certificate of registration from the state board of pharmacy and pays
the fee set by a regulation adopted by the board. The board may set a single
fee for the collective certification of the nurses in the employ of a public or
nonprofit agency and a different fee for the individual certification of other
nurses.

2. The state board
of pharmacy shall consider each application from a registered nurse separately,
and may:

(a) Issue a certificate
of registration limiting:

(1) The authority
of the registered nurse to prescribe poisons, dangerous drugs and devices;

(2) The area in
which the registered nurse may perform the acts authorized by the certificate;

(3) The kind and
amount of poisons, dangerous drugs and devices which the certificate permits
the registered nurse to prescribe; and

(4) The practice
of the registered nurse which involves prescribing poisons, dangerous drugs and
devices in any manner which the board finds necessary to protect the health,
safety and welfare of the public; or

(b) Refuse to issue a
certificate of registration, regardless of the provisions of the certificate
issued by the state board of nursing.

3. As used in this
section, protocol has the meaning ascribed to it in section 4 of this act.

(2) The area in which the registered
nurse may [perform the acts authorized by the
certificate;]dispense;

(3) The kind and amount of controlled
substances, poisons, dangerous drugs and devices which the certificate permits
the registered nurse to [possess and use;]dispense; and

(4) The practice of the registered nurse
which involves controlled substances, poisons, dangerous drugs and devices in
any manner which the board finds necessary to protect the health, safety and
welfare of the public;

(b) Issues a certificate of registration without
any limitation not contained in the certificate issued by the state board of
nursing; or

(c) Refuse to issue a certificate of
registration, regardless of the provisions of the certificate issued by the
state board of nursing.

3. If a certificate of registration
issued pursuant to this section is suspended or revoked, the board may also
suspend or revoke the registration of the physician for and with whom the
registered nurse is in practice to dispense controlled substances.

4. The board shall adopt regulations
setting forth the maximum amounts of any controlled substance, poison,
dangerous drug and devices which a registered nurse who holds a certificate
from the board may [possess,]dispense, the conditions under which they must be
stored, transported and safeguarded, and the records which each such nurse [must]shall
keep. In adopting its regulations, the board shall consider:

(a) The areas in which a nurse who holds a
certificate from the board can be expected to practice and the populations of
those areas;

(b) The experience and training of the nurse;

(c) Distances between areas of practice and the
nearest hospitals and physicians;

(d) Effects on the health, safety and welfare of
the public; and

(e) Other factors which the board considers
important to the regulation of the practice of nurses who hold certificates
from the board.

Sec. 3. NRS 453.375 is
hereby amended to read as follows:

453.375 A controlled substance may be possessed
andadministered by the following persons:

1. If registered by the board:

(a) A practitioner.

(b) A physicians assistant at the direction of
his supervising physician.

[(c) A registered
nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy
permitting him to possess and administer controlled substances.]

of nursing and a certificate from the
state board of pharmacy permitting him to possess and administer controlled
substances.]

2. Without being registered with the
board:

(a) A registered nurse licensed to practice
professional nursing or licensed practical nurse, at the direction of a
physician, or pursuant to a chart order of individual doses:

(1) From an original container which has
been furnished as floor or ward stock;

(2) From a container dispensed by a
registered pharmacist pursuant to a prescription; or

(3) Furnished by a practitioner.

(b) An advanced emergency medical
technician-ambulance, at the direction of a physician or registered nurse as
provided in NRS 450B.197.

(c) A respiratory therapist, at the direction of
a physician.

(d) A medical student or student nurse in the
course of his studies at an approved college of medicine or school of
professional or practical nursing, at the direction of a physician and:

(1) In the presence of a physician or a
registered nurse; or

(2) Under the supervision of a physician
or a registered nurse if the student is authorized by the college or school to
administer the substance outside the presence of a physician or nurse.

A medical student or student nurse may administer a
controlled substance in the presence or under the supervision of a registered
nurse alone only if the circumstances are such that the registered nurse would
be authorized to administer it personally.

(e) A medical intern in the course of his
internship.

(f) An ultimate user as defined in this chapter.

Sec. 4. Chapter 454 is
hereby amended by adding thereto a new section which shall read as follows:

1. A registered
nurse may prescribe, by written prescription only, poisons, dangerous drugs and
devices for legitimate medical purposes in accordance with:

(a) The certificates he
holds from the board and the state board of nursing; and

(b) The protocol which is
approved by the state board of nursing.

2. For the
purposes of this section, protocol means the written agreement between a
physician and a registered nurse which sets forth matters including the:

(a) Patients which the
registered nurse may serve;

(b) Specific poisons,
dangerous drugs and devices which the registered nurse may prescribe; and

(c) Conditions under
which the registered nurse shall directly refer the patient to the physician.

Sec. 5. NRS 454.00958 is
hereby amended to read as follows:

454.00958 Practitioner means:

1. A physician, dentist, veterinarian or
podiatrist who holds a valid license to practice his profession in this state.

2. A pharmacy, hospital or other
institution licensed or registered to distribute,
dispense, conduct research with respect to or to administer a dangerous drug in
the course of professional practice in this state.

to distribute, dispense, conduct research with respect to or
to administer a dangerous drug in the course of professional practice in this
state.

3. When relating
to the prescription of poisons, dangerous drugs and devices, a registered nurse
who holds a certificate from the state board of nursing and a certificate from
the state board of pharmacy permitting him so to prescribe.

Sec. 6. NRS 454.213 is
hereby amended to read as follows:

454.213 A drug or medicine referred to in
NRS 454.181 to 454.371, inclusive, may be possessed and administered
by:

1. A practitioner.

2. A registered nurse licensed to
practice professional nursing or licensed practical nurse, at the direction of
a [physician,]prescribing practitioner or pursuant to a chart order
of individual doses:

(a) From an original container which has been
furnished as floor or ward stock;

(b) From a container dispensed by a registered pharmacist
pursuant to a prescription; or

(c) Furnished by a practitioner.

3. A physicians assistant at the
direction of his supervising physician.

4. An advanced emergency medical
technician-ambulance, at the direction of a physician or registered nurse as
provided in NRS 450B.197.

5. A respiratory therapist, at the
direction of a physician.

6. A medical student or student nurse in
the course of his studies at an approved college of medicine or school of
professional or practical nursing, at the direction of a physician and:

(a) In the presence of a physician or a
registered nurse; or

(b) Under the supervision of a physician or a
registered nurse if the student is authorized by the college or school to
administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a
dangerous drug in the presence or under the supervision of a registered nurse
alone only if the circumstances are such that the registered nurse would be
authorized to administer it personally.

7. A medical intern in the course of
internship.

8. A registered nurse who holds a
certificate from the state board of nursing and a certificate from the state
board of pharmacy permitting him to [administer]prescribe dangerous drugs.

Sec. 7. NRS 454.480 is
hereby amended to read as follows:

454.480 1. Hypodermic
devices may be sold by pharmacists on the prescription of a physician, dentist
or veterinarian. Such prescriptions must be filed as required by NRS 639.236,
and may be refilled as authorized by the prescriber. Records of refilling must
be maintained as required by NRS 454.236 to 454.276, inclusive.

2. Except as otherwise provided in
subsection 3, pharmacists and others holding hypodermic permits, unless the
permit limits otherwise, may sell hypodermic devices without prescription for
the following purposes:

(b) For use in injecting medications prescribed
by a [physician]practitioner for the treatment of human beings.

(c) For use in an ambulance for which a permit
is held pursuant to NRS 450B.200 or 450B.210.

(d) For the injection of drugs in animals or
poultry.

(e) For commercial or industrial use or use by
jewelers or other merchants having need for such devices in the conduct of
their business, or by hobbyists when the seller is satisfied that the device
will be used for legitimate purposes.

(f) For use by funeral directors and embalmers,
licensed medical technicians or technologists, or research laboratories.

3. Only pharmacists may sell without
prescription any hypodermic device intended for human use, as set forth in
paragraphs (a), (b) and (c) of subsection 2.

Sec. 8. Section 7 of this
act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 460, SB 468

Senate Bill No.
468Committee on Transportation

CHAPTER 460

AN ACT relating to motor carriers; providing
for the protection of existing motor carriers from detrimental competition; and
providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 706 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

1. Except as
provided in subsection 2, the commission may not investigate, suspend, revise
or revoke any rate proposed by a common motor carrier or contract motor carrier
because the rate is too high or too low and therefore unreasonable if:

(a) The motor carrier
notifies the commission that it wishes to have the rate reviewed by the
commission pursuant to this subsection; and

(b) The rate resulting from
all increases or decreases within 1 year is not more than 10 percent above or
10 percent below the rate in effect 1 year before the effective date of the
proposed rate.

2. This section
does not limit the commissions authority to investigate, suspend, revise or
revoke a proposed rate if the rate would violate the provisions of NRS 706.151.

Sec. 2. NRS 706.151 is
hereby amended to read as follows:

706.151 1. It is hereby
declared to be the purpose and policy of the legislature in enacting this chapter.

(a) Except to the extent otherwise provided in
NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and
to make it the duty of the commission to regulate common
and contract motor carriers and brokers, and to regulate for licensing purposes
private motor carriers of property when used for private commercial enterprises
on the highways of this state, and to confer upon the department the power [and
authority] to license all motor carriers and to make it the duty of the
department to enforce the provisions of this chapter and the regulations
adopted by the commission pursuant to it, [so as] to relieve the [existing and
all future] undue burdens on the highways arising by reason of the use of the
highways by vehicles in a gainful occupation thereon;

make it the duty of the commission to regulate common and
contract motor carriers and brokers, and to regulate for licensing purposes
private motor carriers of property when used for private commercial enterprises
on the highways of this state, and to confer upon the department the power [and authority] to license all motor
carriers and to make it the duty of the department to enforce the provisions of
this chapter and the regulations adopted by the commission pursuant to it, [so as] to relieve the [existing and all future] undue burdens
on the highways arising by reason of the use of the highways by vehicles in a
gainful occupation thereon;

(b) To provide for reasonable compensation for
the use of the highways in gainful occupations, and enable the State of Nevada,
by [a utilization of the]using license fees, to provide [more
fully] for the proper construction, maintenance and repair
thereof, and thereby protect the safety and welfare of the traveling and
shipping public in their use of the highways; and

(c) To provide for fair and impartial
regulation, to promote safe, adequate, economical and efficient service and
foster sound economic conditions in motor transportation . [, and to]

(d) To encourage
the establishment and maintenance of reasonable charges for [such]motor
transportation without unjust discriminations [,]against or undue preferences or advantages [, or unfair or destructive competitive practices.]being given to any motor carrier or applicant for a
certificate of public convenience and necessity.

(e) To discourage any
practices which would tend to increase or create competition that may be
detrimental to the traveling and shipping public or the motor carrier business
within this state.

2. All of the provisions of this chapter
must be administered and enforced with a view to carrying out the declaration
of policy contained in [subsection 1.]this section.

Sec. 3. NRS 706.166 is
hereby amended to read as follows:

706.166 The commission shall:

1. Supervise and regulate every common
and contract motor carrier and broker in this state in all matters affecting
the relationship between [such]the carriers and brokers and the traveling and shipping
public over and along the highways.

2. Regulate for licensing purposes
private motor carriers of property when used for private commercial enterprises
on the highways.

3. To [implement]carry out the policies [and
objectives] expressed in [paragraph
(c) of subsection 1 of] NRS 706.151, adopt regulations providing
for agreements between two or more motor carriers relating to:

(a) Fares;

(b) Rates;

(c) Classifications;

(d) Divisions;

(e) Allowances; and

(f) Charges, including charges between carriers
and compensation paid or received for the use of facilities and equipment.

[Such]These regulations may not provide for collective
agreements which [preclude the unrestrained right of]
restrain any party [to take] from taking free and independent action.

which [preclude the
unrestrained right of]restrain any
party [to take]from taking free and independent action.

Sec. 4. NRS 706.391 is
hereby amended to read as follows:

706.391 1. Upon the filing
of an application for a certificate of public convenience and necessity to
operate as a motor carrier, the commission shall
fix a time and place for hearing thereon . [, and shall proceed according to the provisions of the
laws of this state made applicable thereto.

2. Before granting
such a certificate of public convenience and necessity to an applicant, the
commission shall take into consideration:

(a) Other authorized
transportation facilities in the territory for which a certificate is sought;

(b) The public necessity
and convenience to be accorded by the service offered by the applicant; and

(c) Whether the applicant
is fit, willing and able to perform the services of a common motor carrier and
whether the proposed operation will be consistent with the legislative policy
set forth in NRS 706.151.

3.]2. The commission shall issue such a certificate
if it finds that:

(a) The applicant is fit,
willing and able to perform the services of a common motor carrier;

(b) The proposed
operation will be consistent with the legislative policies set forth in NRS
706.151;

(c) The granting of the
certificate will not unreasonably and adversely affect other carriers operating
in the territory for which the certificate is sought; and

(d) The proposed service
will benefit the traveling and shipping public and the motor carrier business
in this state.

3. An applicant
for such a certificate has the burden of proving to the commission that the
proposed operation will meet the requirements of subsection 2.

4. The
commission may issue a certificate of public convenience and necessity to
operate as a common motor carrier, or issue it for:

(a) The exercise of the privilege sought.

(b) The partial exercise [only]
of the privilege sought.

[4.]5. The commission may attach to [the exercise of the rights granted by]
the certificate such terms and conditions as, in its judgment, the public
interest may require.

[5.]6. The commission may dispense with the
hearing on the application if, upon the expiration of the time fixed in the
notice thereof, no protest against the granting of the certificate has been
filed by or in behalf of any interested person.

AN ACT relating to fire; expanding the
types of buildings which are exempted from the requirement of automatic
sprinklers; deferring related changes in state buildings except where there are
permanent accommodations for sleeping; and providing other matters properly
relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 477.160 is
hereby amended to read as follows:

477.160 1. The owner or
operator of every building or portion of a building used for public assembly : [except churches and
buildings associated with them, meeting halls of fraternal organizations, and
gymnasiums belonging to schools and other nonprofit organizations:]

(a) Which has a room or rooms which have a total
floor area of more than 5,000 square feet and which are used for public
assembly, within a building with a total floor area of 12,000 square feet or
more, shall install automatic sprinklers for protection from fire as required
by regulation of the state fire marshal, except in those areas where the
authority waives this requirement. The authority may waive this requirement for
any space which is separated from this area by construction whose resistance to
fire has been approved by the authority.

(b) Which is certified for occupancy by more
than 300 persons shall:

(1) Use interior finishes in the areas
used for public assembly which comply with chapter 42 of the 1979 edition of
the Uniform Building Code as it relates to retarding the spread of fire; [or]

(2) Install automatic sprinklers in the
areas used for public assembly for protection from fire as required by
regulations adopted by the state fire marshal [.]; or

(3) Apply a
flame-retarding solution which has been approved by the authority and will
produce an interior finish equal to that required by subparagraph (1).

2. For the purposes of this section, a
building or a portion of a building is used for public assembly if 50 or more
persons assemble there for any purpose other than in the normal course of their
employment.

3. The provisions
of this section do not apply to:

(a) Churches and
buildings associated with them;

(b) Meeting halls of
fraternal organizations;

(c) Gymnasiums which
belong to schools or other nonprofit organizations; and

if the area complies with the
requirements set by the authority for interior finishes in all areas and for
smoke-detectors and domestic fire sprinklers in hazardous areas.

Sec. 2. The obligation of
this state during the fiscal biennium beginning on July 1, 1983, to make any
changes in its existing buildings which would otherwise be required pursuant to
chapter 659, Statutes of Nevada 1981, is limited to those buildings in state
institutions which contain permanent accommodations for sleeping.

Sec. 13. 1. Each
authority as defined in section 2 of this act shall, within 12 months after the
effective date of this act, complete a survey of each building within its
jurisdiction subject to the provisions of sections 3 to 8, inclusive, of this
act.

2. When the
authority completes its survey of a building, it shall immediately furnish a
copy of the survey to the owner or operator of the building.

3. [The]Except as
limited by section 2 of this amendatory act, the owner or operator
shall:

(a) Furnish to the
authority within 6 months after receiving the copy of the survey his plans to
effect the corrections identified by the survey as necessary for compliance
with sections 3 to 8, inclusive, of this act.

(b) Make all of those
corrections within 36 months after the effective date of this act.

4. The board of
fire safety may waive the times prescribed in this section for:

(a) Completion of
surveys by a responsible authority; and

(b) Submission of
plans or completion of work, or both, by an owner or operator,

if the applicant for the waiver
demonstrates a financial hardship or an appropriate effort and a genuine
inability to comply within the time prescribed.

5. The board of
fire safety shall establish criteria for determining whether to waive the times
prescribed in this section because of financial hardship. A waiver which is
allowed because of financial hardship must require compliance within 2 years
after the time prescribed in this section. The applicant shall submit a
schedule for such compliance. The board may amend the schedule.

6. The board of
fire safety shall issue its decision regarding a request for such a waiver
within 30 days after the hearing on the application.

Sec. 4. Section 3 of this
act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 462, AB 592

Assembly Bill No.
592Committee on Government Affairs

CHAPTER 462

AN ACT relating to the regulation of
public utilities; reducing the conditions which must be imposed on a permit to
construct a plant for generating electrical energy from geothermal sources for
export; and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 704.030 is
hereby amended to read as follows:

704.030 Public utility, as used in this
chapter, does not include:

1. Corporations, partnerships, sole
proprietorships, associations of natural persons, their lessees, trustees or
receivers appointed by any court, insofar as they own, control, operate or
manage motor vehicles operated as hearses, ambulances or hotel buses engaged in
the transportation of persons for hire exclusively within the limits of a city
of this state.

2. Corporations, partnerships, sole
proprietorships or associations of natural persons engaged in the production
and sale of natural gas, other than sales to the public, or engaged in the
transmission of natural gas other than as a common carrier transmission or
distribution line or system.

3. Corporations, cooperatives, nonprofit
corporations or associations, partnerships, sole proprietorships, associations
of natural persons, their lessees, trustees or receivers appointed by any
court, engaged in the business of furnishing, for compensation, water or sewer
services, or water and sewer services, to persons within this state if:

(a) They serve 25 persons or less; or

(b) Their gross sales for water or sewer
services, or water and sewer services, amounted to $5,000 or less during the
immediately preceding 12 months,

and in either case they do not own or control any other such
business furnishing water or sewer service or water and sewer service within
this state.

4. Any common motor carrier, contract
motor carrier of passengers or property, or private motor carrier subject to
the provisions of chapter 706 of NRS.

5. Corporations or other persons not
normally engaged in the production and sale of water but which sell or furnish
water as an accommodation in an area where water is not available from a public
utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation,
to persons within the political subdivision.

engaged in the business of furnishing water, for
compensation, to persons within the political subdivision.

6. Corporations or other persons who are
engaged in the production and sale of geothermal energy ,
including electricity produced from geothermal energy, to public
utilities, cities, counties or other entities which are reselling the energy to
the public.

Sec. 2. NRS 704.892 is
hereby amended to read as follows:

704.892 1. When application
is made for the construction of a plant for the generation of electrical energy
using any natural resource of this state, including but not limited to coal,
geothermal steam and water resources, for export outside this state, the
commission:

(a) May grant or deny the construction permit.

(b) Except as otherwise provided in [subsection 2,]subsections
2 and 3, shall condition the granting of the construction permit on the
applicants making available to public utilities which primarily serve retail
customers in this state an amount of capacity equal to or less than the amount
provided for export in one of the following ways:

(1) Fifty percent of that amount of
capacity must be made available to those utilities; or

(2) If less than 50 percent of that
amount of capacity initially is taken by those utilities, provision must be
made for recapture by those utilities of up to 50 percent of the capacity
available from the project,

and in either case for a reciprocal commitment by
out-of-state participants to allow the Nevada utilities to participate in any
future capacity of such participants to generate or transmit electricity to the
same extent that the out-of-state participants have participated in such
capacity from the project to be constructed.

2. In the case of a project for the
generation and transmission of electricity financed in whole or in part under
NRS 244A.669 to 244A.763, inclusive:

(a) The construction permit [must]may be
conditioned only upon the compliance with the provisions of those sections with
respect to participation of Nevada utilities in the project, the recapture of
capacity thereof from out-of-state utilities and the reciprocal participation
rights of Nevada utilities.

(b) Before granting the construction permit, the
commission must approve the contracts for the purchase of capacity and the
agreement or agreements for the construction and operation of the project
required by subsection 2 of NRS 244A.741. The commission shall either approve
or disapprove such an agreement or contract within 90 days after filing. The
county shall, every 6 months during construction of such a project, file with
the commission a report as to the then-current estimates of the total cost of
the project, but such reports are not filed for approval or disapproval by the
commission.

3. In the case of geothermal
projects, the construction permit may be conditioned only on a prior offering
of the capacity of the project to the public utility in this state which
primarily serves retail customers in the service area nearest to the proposed
project, and if the offer is declined, the applicant is free to export the
capacity of the project without any obligation to
reoffer that capacity to any public utility in this state.

without any obligation to reoffer
that capacity to any public utility in this state.

________

CHAPTER 463, SB 454

Senate Bill No.
454Senator Jacobsen

CHAPTER 463

AN ACT relating to license plates for
motor vehicles; authorizing the issuance of decals to identify persons with
licenses for amateur radio; and providing other matters properly relating
thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 482.2705 is
hereby amended to read as follows:

482.2705 1. The director
shall order the preparation of vehicle license plates for passenger cars and
trucks in the same manner as is provided for motor vehicles generally in NRS
482.270.

2. Every license plate assigned to a
passenger car or truck must contain:

(a) A space for the name of a county [; and]or other
identification; and

(b) A designation which consists of a group of
three numerals followed by a group of three letters.

3. Any license plate issued for a
passenger car or truck before January 1, 1982, bearing a designation which is
not in conformance with the system described in subsection 2 is valid during
the period for which the plate was originally issued as well as during any annual
extensions by stickers.

Sec. 2. NRS 482.271 is
hereby amended to read as follows:

482.271 1. The director
shall order the preparation of decals which are adhesive strips treated to
reflect light and designed to fit in the spaces reserved for the names of
counties on vehicle license plates for passenger cars and trucks. Each decal
shall display the name of a county in prominent block lettering.

2. The director
shall order the preparation of decals similar to those used to identify counties,
which display the words RADIO AMATEUR in prominent block lettering and which
are reserved for use on the special plates issued pursuant to NRS 482.375.

3. The
decals described in subsections 1 and 2 may be
purchased for display on license plates in the spaces reserved for them. They
must be available for purchase upon request, in person or by mail, in every
office where motor vehicle license plates may be purchased.

[3.]4. The fee for a decal is $0.50, which
must be deposited with the state treasurer for credit to the motor vehicle fund
and allocated to the department to defray the cost of manufacturing the decals.

Sec. 3. NRS 482.375 is
hereby amended to read as follows:

482.375 1. An owner of a
motor vehicle who is a resident of the State of Nevada
and who holds an unrevoked and unexpired official amateur radio station license
issued by the Federal Communications Commission, upon application accompanied
by proof of ownership of [such amateur radio station license,] that license,
complying with the state motor vehicle laws relating to registration and
licensing of motor vehicles, and upon the payment of the regular license fee
for plates as prescribed by law, and the payment of an additional fee of $3,
[shall] must be issued a license plate or plates, upon which in lieu of the
numbers as prescribed by law [shall] must be inscribed the official amateur
radio call letters of [such] the applicant as assigned by the Federal
Communications Commission.

State of Nevada and who holds an unrevoked and unexpired
official amateur radio station license issued by the Federal Communications
Commission, upon application accompanied by proof of ownership of [such amateur radio station license,]that license, complying with the state motor vehicle
laws relating to registration and licensing of motor vehicles, and upon the
payment of the regular license fee for plates as prescribed by law, and the
payment of an additional fee of $3, [shall]must be issued a license plate or plates, upon
which in lieu of the numbers as prescribed by law [shall]must be inscribed the official amateur radio call
letters of [such]the applicant as assigned by the Federal Communications
Commission. [Such]The plate or plates may be used only on a private
passenger car, trailer or travel trailer or on a noncommercial truck having an
unladen weight of 6,000 pounds or less.

2. The applicant
may also purchase and display on his plate or plates, in the space provided for
it, a decal with the designation RADIO AMATEUR.

3. The
department shall make such [rules and]
regulations as are necessary to ascertain compliance with all state license
laws relating to the use and operation of a motor
vehicle before issuing [such]the plates in lieu of the regular Nevada license plate
or plates, and all applications for [such plates
shall]the plates must be made to
the department.

Sec. 4. NRS 482.500 is
hereby amended to read as follows:

482.500 1. Except as
provided in subsection 2, whenever upon application any duplicate or substitute
certificate of registration or ownership, decal or number plate is issued, the
following fees must be paid:

For a certificate of registration
or ownership............................................ $5.00

For every substitute number plate.............................................................. $5.00

For every duplicate number plate............................................................... 10.00

For every decal displaying a county
name............................................... .50

For every
decal designating a radio amateur......................................... .50

For every other decal (license
plate sticker or tab).................................. 5.00

2. A fee of $5 must be paid for a
duplicate plate of a special plate issued pursuant to NRS 482.3667, 482.3672,
482.375, 482.376, 482.380 or section 1, of [this
act.]Assembly Bill No. 362 of this
session. A fee must not be charged for a duplicate plate or plates
issued under NRS 482.368, 482.370, 482.373 or 482.374.

3. The fees which are paid for duplicate
number plates and decals displaying county names or the
designation for operators of amateur radios must be deposited with the
state treasurer for credit to the motor vehicle fund and allocated to the
department to defray the costs of duplicating the plates and manufacturing the
decals.

Sec. 5. Section 4 of this
act shall become effective at 12:01 a.m. on July 1, 1983.

Section 1. Chapter 552 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

Every person who owns or
possesses sixteen or more colonies of bees shall pay to the department an
annual fee for each colony in excess of 15. The state board of agriculture
shall set the amount of the fee, which may not exceed one dollar per colony, after
consultation with representatives of the states beekeepers.

Sec. 2. NRS 552.155 is
hereby amended to read as follows:

552.155 1. Every person who
is the owner or in possession of an apiary located within this state shall, on
or before May 1 of each year, and within 10 days after obtaining possession of
an apiary, [register with]apply to the department for
registration, stating the number of colonies therein and the location
thereof.

2. The application
must be accompanied by a registration fee as follows:

(a) If the beekeeper owns
or possesses fifteen or fewer colonies, $5.00.

(b) If the beekeeper owns
or possess sixteen or more colonies, $7.50.

3. If the
beekeeper owns or possesses sixteen or more colonies, the application must also
be accompanied by the annual fee for each colony in excess of 15.

4. The fees
imposed by this section must be paid within 30 days after May 1 or within 30
days after obtaining possession of the colonies. The penalty for late payment
is 50 percent of the amount due.

5. Upon receipt of
the application and the required fees, the department shall issue a
registration number to [each]the beekeeper . [in this state, which shall]The number must be displayed in a conspicuous place in [each]the apiary.

[3.]6. It [shall
be]is unlawful for any person to
maintain an apiary within this state without registering [the same]it as
provided in this section.

Sec. 3. NRS 561.365 is
hereby amended to read as follows:

561.365 1. The apiary
inspection fund is hereby created in the state treasury as a special revenue
fund for the use of the department.

2. The following [special
taxes,] fees [and other money]
must be deposited in the apiary inspection fund:

(b)] Fees
collected under the provisions of NRS 552.085 to 552.310, inclusive.

[(c)](b) Laboratory fees collected for the diagnosis
of infectious, contagious and parasitic diseases of bees, as authorized by NRS
561.305, and as may be necessary under the provisions of NRS 552.085 to
552.310, inclusive.

3. Expenditures from the apiary
inspection fund must be made only for the purpose of carrying out the
provisions of chapter 552 of NRS, and the provisions of this chapter.

Sec. 4. NRS 552.120 and
552.130 are hereby repealed.

Sec. 5. For the year 1983
only, the fees required in sections 1 and 2 of this act must be paid by July 1,
1983.

Sec. 6. 1. This
section and sections 1, 2 and 5 of this act shall become effective upon passage
and approval.

2. Sections 3 and 4 of this act shall
become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 465, SB 401

Senate Bill No.
401Committee on Judiciary

CHAPTER 465

AN ACT relating to civil actions;
authorizing the supreme court to adopt rules for the establishment of programs
of arbitration by district courts; and providing other matters properly
relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 38 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

1. Upon petition
by the district court of any judicial district or on its own initiative, the
supreme court may adopt rules which provide guidelines for the establishment by
a district court of a voluntary or mandatory program for the arbitration of
civil actions.

2. The rules must
provide that the district court of any judicial district may establish a
program pursuant thereto, subject to the limitations of the budgets of the
counties within the jurisdiction of the court.

3. The rules must
exclude the following from any program of mandatory arbitration:

(a) Actions in which the
amount in issue, excluding attorneys fees, interest and court costs, is more
than $15,000, or less than the maximum jurisdictional amounts specified in NRS
4.370 and 73.010;

4. The rules must
include guidelines for the award of attorneys fees and the costs of the arbitration
and trial upon the exercise by either party of his right to a trial anew after
the arbitration.

Sec. 2. NRS 38.215 is hereby
amended to read as follows:

38.215 1. Except as provided
in [subsection 2,]subsections 2 and 3, all civil actions for damages for
personal injury, death or property damage arising out of the ownership,
maintenance or use of a motor vehicle, where the cause of action arises in the
State of Nevada and the amount in issue does not exceed $3,000, shall be
submitted to arbitration, in accordance with the provisions of NRS 38.015 to
38.205, inclusive.

2. Any such action over which a justices
court has jurisdiction shall be submitted to such arbitration only upon the
mutual consent of the parties.

3. Subsection 1
does not apply to civil actions within the jurisdiction of the district court
of a judicial district in which a program of mandatory arbitration is in
effect.

________

CHAPTER 466, SB 162

Senate Bill No.
162Committee on Commerce and Labor

CHAPTER 466

AN ACT relating to liquefied petroleum
gas; revising the classification of businesses engaged in activities relating
thereto; providing an exemption; authorizing the establishment of fees by
regulation; and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 590.505 is
hereby amended to read as follows:

590.505 1. The board may
adopt a seal for its own use which must have imprinted thereon the words
Nevada Liquefied Petroleum Gas Board. The care and custody of the seal is the
responsibility of the secretary-treasurer of the board.

2. The board may appoint an executive
secretary and such other technical, clerical or investigative personnel as it
deems necessary and fix the compensation of those appointees. The executive
secretary and all appointees [shall]must be paid out of the money of the board. The
board may require the executive secretary and any other appointees to give a
bond to the board for the faithful performance of their duties, the premiums on
the bond being paid out of the money of the board.

3. The board may adopt regulations
setting forth minimum general standards covering the design, construction,
location, installation and operation of equipment for storing, handling,
transporting by tank truck, tank trailer, and utilizing
liquefied petroleum gases and specifying the odorization of the gases and the
degree thereof.

truck, tank trailer, and utilizing liquefied petroleum gases
and specifying the odorization of the gases and the degree thereof.

4. The board may prescribe the method and
form of application for a liquefied petroleum gas license, investigate the
experience, reputation and background of applicants, issue, suspend, revoke or
deny licenses and conduct hearings in connection with the applications for, or
revocation of, licenses. In conducting hearings on the issuance or revocation
of any license, the board may compel the attendance of witnesses by use of
subpena and apply to the district court of the county where the hearing is held
for an order citing any applicant or witness for contempt, for failure to
attend or testify.

5. The board may suspend or revoke
licenses and refuse renewals of licenses when the applicant or licensee has
been guilty of acts of conduct, harmful to either the safety or protection of
the public.

6. In carrying out the provisions of NRS
590.465 to 590.645, inclusive, and holding its regular or special meetings, the
board may adopt bylaws setting forth procedures and methods of operation.

7. The board shall submit to the governor
a biennial report before September 1 of each even-numbered year, covering the
biennium ending June 30 of that year, of its transactions during the preceding
biennium, including a complete statement of the receipts and expenditures of
the board during the period.

8. The board shall keep accurate records
and minutes of all meetings and the records and minutes so kept must be open to
public inspection at all reasonable times. The board shall also keep a record
of all applications for licenses, and licenses issued by it, which is a public
record.

9. The board may
adopt regulations setting reasonable fees for applications, licenses and
inspections. The board may retain all [application
and license]such fees collected
under the provisions of NRS 590.465 to 590.645, inclusive, for the maintenance
of an office, the payment of salaries and expenses and the carrying out of the
provisions of NRS 590.465 to 590.645, inclusive.

10. The board may conduct examinations of
any applicant to determine the responsibility, ability, knowledge, experience
or other qualification of the applicant for a license under NRS 590.465 to
590.645, inclusive, and may require a reasonable amount of personal injury and
property damage insurance coverage.

11. The board may grant variances from
its regulations when it deems it to the best interest of the safety of the
public or the persons using LPG materials or services.

Sec. 2. NRS 590.575 is
hereby amended to read as follows:

590.575 For the purpose of administering
the provisions of NRS 590.465 to 590.645, inclusive, and
section 3 of this act, and [in determining]adopting the [applicable]
application and license fees to be remitted, the board may classify any person,
firm or corporation [and may charge them the fees]
as follows:

1. Class 1. A fully licensed
dealer [shall be classified as one]
who is engaged in the business of installing equipment for the use of LPG and who sells, fills, refills, delivers, or is permitted to
deliver any LPG .

LPG and who sells, fills, refills, delivers, or is permitted
to deliver any LPG . [,
and the fees payable by class 1 businesses are:

(a) Application fee of
$25.

(b) Annual license fee of
$170.]

2. Class 2. A business engaged in
the sale, transportation and exchange of cylinders, but not in transporting or transferring gas in liquid bulk . [, and the fees payable
by class 2 businesses are:

(a) Application fee of
$15.

(b) Annual license fee of
$20.]

3. Class 3. A business not engaged
in the sale of LPG, but engaged in the sale and installation of gas-consuming
appliances, piping, apparatuses, fixtures and connections . [, and the fees payable
by class 3 businesses are:

(a) Application fee of
$15.

(b) Annual license fee of
$20.

4. Class 4. Those
businesses not specifically falling within classifications 1, 2 and 3 shall, at
the discretion of the board, be issued special licenses, and the fees payable
for the special licenses by class 4 businesses are:

(a) Application fee of
$15.

(b) Annual license fee of
$35.]

4. Class
4. A business which operates one or more dispensers
at a fixed location for the resale of propane to the public.

5. Class
5. Any other business engaged in activities relating
to LPG which theboard determines requires a
special license.

Sec. 3. Chapter 590 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

Any business or public utility
which is subject to the jurisdiction of the public service commission of Nevada
is exempt from the provisions of NRS 590.465 to 590.645, inclusive.

________

CHAPTER 467, SB 377

Senate Bill No.
377Committee on Government Affairs

CHAPTER 467

AN ACT relating to state employees;
clarifying a provision exempting contracts of employment dealing with wages,
hours and working conditions from the requirements relating to state employees;
and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 284.180 is
hereby amended to read as follows:

284.180 1. The legislature
declares that since uniform salary and wage rates and classifications are
necessary for an effective and efficient personnel system, the pay plan [shall]must set
the official rates applicable to all positions in the
classified service, but the establishment of the pay plan [shall] in no way
[limit] limits the authority of the legislature relative to budgeted
appropriations for salary and wage expenditures.

applicable to all positions in the classified service, but
the establishment of the pay plan [shall]
in no way [limit]limits the authority of the legislature relative to
budgeted appropriations for salary and wage expenditures.

2. Credit for overtime work directed or
approved by an agency head or his representative [shall]must beearned at
the rate of time and one-half, except for those employees determined by the division
to be executive, administrative, professional or supervisory. Executive,
administrative, professional and supervisory employees [shall]
earn credit for overtime at their regular straight time rate. Overtime [shall be]is considered
time worked in excess of an 8-hour day or a 40-hour week, except for:

(a) Those employees who choose and are approved
for a variable workday, in which case overtime will be considered only after
working 40 hours in oneweek; and

(b) Those employees who choose and are approved
for a variable 80-hour work schedule within a biweekly pay period, in which
case overtime will be considered only after working 80 hours biweekly.

3. An agency may experiment with
innovative workweeks upon the approval of the head of the agency and after
majority consent of the affected employees.

4. This [chapter
shall not be construed to supersede or conflict with existing or future
contracts of employment dealing with wages, hours and working conditions.]section does not supersede or conflict with existing
contracts of employment for employees hired to work 24 hours a day in a home
setting. Any future classification in which an employee will be required to
work 24 hours a day in a home setting must be approved in advance by the
commission.

Sec. 2. Section 29 of Senate
Bill No. 232 of this session is hereby amended to read as follows:

Sec. 29. NRS
284.180 is hereby amended to read as follows:

284.180 1. The
legislature declares that since uniform salary and wage rates and
classifications are necessary for an effective and efficient personnel system,
the pay plan must set the official rates applicable to all positions in the
classified service, but the establishment of the pay plan in no way limits the
authority of the legislature relative to budgeted appropriations for salary and
wage expenditures.

2. Credit for
overtime work directed or approved by an agency head or his representative must
beearned at the rate of time and one-half,
except for those employees determined by the [division]department to be executive, administrative,
professional or supervisory. Executive, administrative, professional and
supervisory employees earn credit for overtime at their regular straight time
rate. Overtime is considered time worked in excess of an 8-hour day or a
40-hour week, except for:

(a) Those employees
who choose and are approved for a variable workday, in which case overtime will
be considered only after working 40 hours in [one] 1 week; and

(b) Those employees
who choose and are approved for a variable 80-hour work schedule within a
biweekly pay period, in which case overtime will be considered only after
working 80 hours biweekly.

3. An agency
may experiment with innovative workweeks upon the approval of the head of the
agency and after majority consent of the affected employees.

4. This section
does not supersede or conflict with existing contracts of employment for
employees hired to work 24 hours a day in a home setting. Any future classification
in which an employee will be required to work 24 hours a day in a home setting
must be approved in advance by the commission.

Sec. 3. This act shall
become effective upon passage and approval.

________

CHAPTER 468, SB 236

Senate Bill No. 236Committee
on Judiciary

CHAPTER 468

AN ACT relating to limitation of actions;
expanding the period of limitation for an action for damages for injury caused
by deficiency in improvement to real property; and providing other matters
properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 11 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
5, inclusive, of this act.

Sec. 2. 1. Except
as otherwise provided in sections 3 and 4 of this act, no action may be
commenced against the owner, occupier or any person performing or furnishing
the design, planning, supervision or observation of construction, or the
construction, of an improvement to real property more than 8 years after the
substantial completion of such an improvement, for the recovery of damages for:

(a) Any latent deficiency
in the design, planning, supervision or observation of construction or the
construction of such an improvement;

(b) Injury to real or
personal property caused by any such deficiency; or

(c) Injury to or the
wrongful death of a person caused by any such deficiency.

2. Notwithstanding
the provisions of NRS 11.190 and subsection 1 of this section, where injury
occurs in the eighth year after the substantial completion of such an
improvement, an action for damages for injury to property or person, damages
for wrongful death resulting from such injury or damages for breach of contract
may be commenced within 2 years after the date of such injury, irrespective of
the date of death, but in no event may an action
be commenced more than 10 years after the substantial completion of the
improvement.

date of death, but in no event may an
action be commenced more than 10 years after the substantial completion of the
improvement.

3. For the
purposes of this section, latent deficiency means a deficiency which is not
apparent by reasonable inspection.

Sec. 3. 1. Except
as otherwise provided in section 4 of this act, no action may be commenced
against the owner, occupier or any person performing or furnishing the design,
planning, supervision or observation of construction, or the construction of an
improvement to real property more than 10 years after the substantial
completion of such an improvement, for the recovery of damages for:

(a) Any deficiency in the
design, planning, supervision or observation of construction or the
construction of such an improvement which is known or through the use of
reasonable diligence should have been known to him;

(b) Injury to real or
personal property caused by any such deficiency; or

(c) Injury to or the
wrongful death of a person caused by any such deficiency.

2. Notwithstanding
the provisions of NRS 11.190 and subsection 1 of this section, where injury
occurs in the tenth year after the substantial completion of such an
improvement, an action for damages for injury to property or person, damages
for wrongful death resulting from such injury or damages for breach of contract
may be commenced within 2 years after the date of such injury, irrespective of
the date of death, but in no event may an action be commenced more than 12
years after the substantial completion of the improvement.

Sec. 4. 1. An
action may be commenced against the owner, occupier or any person performing or
furnishing the design, planning, supervision or observation of construction, or
the construction of an improvement to real property at any time after the
substantial completion of such an improvement, for the recovery of damages for:

(a) Any deficiency in the
design, planning, supervision or observation of construction or the
construction of such an improvement which is the result of his willful
misconduct or which he fraudulently concealed;

(b) Injury to real or
personal property caused by any such deficiency; or

(c) Injury to or the
wrongful death of a person caused by any such deficiency.

2. The provisions
of this section do not apply in an action brought against:

(a) The owner or keeper
of any hotel, inn, motel, motor court, boarding house or lodging house in this
state on account of his liability as an innkeeper.

(b) Any person on account
of a defect in a product.

Sec. 5. The
limitations respectively prescribed by sections 2 and 3 of this act and NRS
11.205 are not a defense in an action brought against:

1. The owner or
keeper of any hotel, inn, motel, motor court, boarding house or lodging house
in this state on account of his liability as an innkeeper.

11.205 1. [No]Except as
otherwise provided in sections 3 and 4 of this act, no action [in tort, contract or otherwise shall]may be commenced against the
owner, occupier or any person performing or furnishing the design,
planning, supervision or observation of construction , or
the construction [,] of an
improvement to real property more than 6 years after the substantial completion
of such an improvement, for the recovery of damages for:

(a) Any patent
deficiency in the design, planning, supervision or observation of construction
or the construction of such an improvement; [or]

(b) Injury to real or personal property caused
by any such deficiency; or

(c) Injury to or the
wrongful death of a person caused by any such deficiency.

2. Notwithstanding the provisions of NRS
11.190 and subsection 1 of this section, where injury occurs in the sixth year
after the substantial completion of such an
improvement, an action for damages for injury to property or person, damages
for wrongful death resulting from such injury or damages for breach of contract
may be commenced within [1 year]2 years after the date of such injury, irrespective of
the date of death, but in no event may an action be commenced more than [7]8 years
after the substantial completion of the improvement.

3. [Where
an action for damages for wrongful death or injury to person or property caused
by any deficiency in an improvement to real property is brought against a
person in actual possession or control as owner, tenant or otherwise of such improvement,
the limitation prescribed by this section shall not be a defense for such
person.]For the purposes of this section,
patent deficiency means a deficiency which is apparent by reasonable
inspection.

________

CHAPTER 469, SB 462

Senate Bill No. 462Senator
Jacobsen

CHAPTER 469

AN ACT relating to dairy products;
eliminating the delay between the filing of prices and their effectiveness; and
providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 584.583 is
hereby amended to read as follows:

584.583 1. No distributor or
retailer may sell fluid milk, fluid cream, butter or fresh dairy byproducts
below cost. Fresh dairy byproducts includes but is not
limited to [the following items:] buttermilk, skim milk, chocolate drink, ice
cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage
cheese [; and does not necessarily define] without regard to the class of fluid
milk or fluid cream which is used to make such products.

byproducts includes but is not limited to [the following items:] buttermilk, skim
milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream
dressing and cottage cheese [; and does not
necessarily define]without regard to the
class of fluid milk or fluid cream which is used to make such products.

2. In determining cost in the case of a
distributor who processes or manufactures fluid milk, fluid cream, butter or
fresh dairy byproducts, the following factors are included, but cost is not
necessarily limited to [such]these factors:

(a) Cost of raw products based on actual cost or
on current and prospective supplies of fluid milk and fluid cream in relation
to current and prospective demands for fluid milk and fluid cream.

3. In determining cost in the case of a
peddler-distributor or retailer, the following factors are included, but cost
is not necessarily limited to [such]these factors:

(a) Purchase price of the
product.

(b) Overhead cost for handling.

(c) Reasonable return upon capital investment.

4. Each distributor who processes or manufactures
fluid milk, fluid cream, butter or fresh dairy byproducts shall file with the
commission a statement of costs, listing separately the items set forth in
subsection 2 of this section and any other applicable cost factors. The
statements [shall]must be kept current by supplement under regulations
promulgated by the commission. All statements must be kept confidential by the
commission except when used in judicial proceedings or administrative
proceedings under NRS 584.325 to 584.690, inclusive.

5. Each distributor who processes or
manufactures fluid milk, fluid cream, butter or fresh dairy byproducts and each
peddler-distributor shall file with the commission lists of wholesale prices
and of minimum retail, distributor and dock prices. No distributor may sell at
wholesale prices other than, or at retail, distributor or dock prices less
than, those contained in the appropriate list, except in the case of bids to
departments or agencies of federal, state and local governments . [; but in]In no case may the distributor sell below cost as
provided in this section. [Prices must not become
effective until the seventh day after filing, but any other distributor may
meet the price so filed if he files with the commission a schedule of prices in
the manner required by NRS 584.584.]

Sec. 2. This act shall
become effective upon passage and approval.

________

κ1983
Statutes of Nevada, Page 1241κ

CHAPTER 470, SB 207

Senate Bill No.
207Committee on Transportation

CHAPTER 470

AN ACT relating to the department of motor
vehicles; changing titles of certain positions; increasing the charge for
dishonored checks; raising the amount of money in the motor vehicle revolving
account; and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 481.048 is
hereby amended to read as follows:

481.048 1. There is hereby
created, within the registration division of the department, [a section known as the vehicle compliance and
enforcement section.]the bureau of
enforcement.

2. The director shall appointwithin the limits of legislative appropriations,
pursuant to the provisions of chapter 284 of NRS, [field
dealer inspectors]investigators in
the [vehicle compliance and enforcement section]bureau of enforcement of the registration division
of the department.

3. The duties of [field
dealer inspectors shall be]the
investigators are to travel the state and:

(a) Act as [field
agents and inspectors]investigators
in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS
108.267 to 108.360, inclusive, and NRS 108.440 to 108.500, inclusive, as those
sections pertain to motor vehicles, trailers, motorcycles, recreational
vehicles and semitrailers, as defined in chapter 482 of NRS.

(b) Act as adviser to dealers in connection with
any problems arising under the provisions of that chapter.

(c) Cooperate with personnel of the Nevada
highway patrol in the enforcement of the motor vehicle laws as they pertain to
dealers.

(d) Perform such other duties as may be imposed
by the director.

4. [Field
dealer inspectors]The investigators
have the powers of peace officers to enforce any law of the State of Nevada in
carrying out their duties under this section [and]. They are not entitled to retire under the early
retirement provisions of chapter 286 of NRS applicable to police officers and
firemen.

Sec. 2. NRS 481.079 is
hereby amended to read as follows:

481.079 1. Except as
otherwise provided by [law,]specific statute, all taxes, license fees and [moneys]money
collected by the department or by patrolmen and personnel pursuant to [the provisions of] NRS 481.071 [shall]must
be deposited with the state treasurer to the credit of the motor vehicle fund.

2. [Any]If any check accepted by the department in
payment of fees pursuant to NRS 481.071 [shall,
if it] is dishonored upon presentation for payment, [be]the drawer is
subject to a [$5] service charge of $10, in addition to any other penalties provided by
law.

3. The department [is
authorized to]may adjust the
amount of a deposit made with the state treasurer to the credit of the motor
vehicle fund for any cash shortage or overage resulting
from the collection of fees.

fund for any cash shortage or overage resulting from the
collection of fees.

Sec. 3. NRS 482.183 is
hereby amended to read as follows:

482.183 The motor vehicle revolving
account in the amount of [$10,000]$15,000 is hereby created and must be used for [main and branch office] change [accounts.]in the
main and branch offices.

Sec. 4. NRS 482.540 is
hereby amended to read as follows:

482.540 1. Any officer of
the Nevada highway patrol, without a warrant, may seize and take possession of
any vehicle which is being operated with improper registration, or which the
patrol officer has probable cause to believe has been stolen, or on which any
motor number, manufacturers number or identification mark has been defaced,
altered or obliterated.

2. Any officer of the Nevada highway
patrol so seizing or taking possession of such vehicle shall immediately notify
the Nevada highway patrol of such action and shall hold the vehicle until
notified by the Nevada highway patrol as to what further action should be taken
regarding the disposition of the vehicle.

3. Any [field
dealer inspector]investigator of
the [vehicle compliance and enforcement section]bureau of enforcement of the registration
division of the department may seize and take possession of any vehicle,
without a warrant, if [such field dealer
inspector]he has probable cause to
believe that [such]the vehicle has been stolen, is being operated with
improper registration or that its motor number, manufacturers number or
identification mark has been defaced, altered or obliterated.

Sec. 5. NRS 487.230 is
hereby amended to read as follows:

487.230 1. Any sheriff,
constable, member of the Nevada highway patrol, [field]
investigator of the [vehicle compliance and
enforcement section]bureau of enforcement
of the registration division or inspector or field agent of the motor
carrier division of the department, designated employees of the manufactured
housing division of the department of commerce, special investigator employed
by the office of any district attorney or marshal or policeman of any city or
town who has reason to believe that a vehicle has been abandoned in his
jurisdiction may remove the vehicle from any public property or, at the request
of the owner or person in possession or control of any private property, from
that private property.

2. Any person who removes an abandoned
vehicle pursuant to subsection 1 shall take the vehicle to the nearest garage
or other place designated by the state agency or political subdivision for
storage.

Sec. 6. NRS 169.125 is
hereby amended to read as follows:

169.125 Peace officer includes:

1. The bailiff of the supreme court and
bailiffs of the district courts, justices courts and municipal courts;

2. Sheriffs of counties and of
metropolitan police departments and their deputies;

3. Constables and their deputies when
carrying out their official duties;

13. The brand inspectors of the state
department of agriculture when exercising the enforcement powers conferred in
chapter 565 of NRS;

14. Arson investigators for the state
forester firewarden specially designated by the appointing authority;

15. The deputy director, superintendents,
correctional officers and other employees of the department of prisons when
carrying out any duties prescribed by the director of the department of
prisons;

16. Division of state parks employees
designated by the administrator of the division of state parks in the state
department of conservation and natural resources when exercising police powers
specified in NRS 407.065;

17. Security officers employed by the
board of trustees of any school district;

18. The executive, supervisory and
investigative agents of the Nevada gaming commission and the state gaming
control board when exercising the enforcement powers specified in NRS 463.140
or NRS 463.1405 or when investigating a violation of a provision of chapter 205
of NRS in the form of a crime against the property of a gaming licensee;

19. The director, division chiefs,
investigators, agents and other sworn personnel of the investigation division
of the department of motor vehicles;

20. [Field
dealer inspectors]Investigators of
the [vehicle compliance and enforcement section]bureau of enforcement of the registration
division of the department of motor vehicles when exercising the police powers
specified in NRS 481.048;

21. Vehicle emission control officers of
the vehicle emission control section of the registration division of the
department of motor vehicles when exercising the police powers specified in NRS
481.0481;

22. Security officers of the legislature
of the State of Nevada when carrying out duties prescribed by the legislative
commission;

23. Group supervisors of the Nevada girls
training center and the Nevada youth training center when carrying out any
duties prescribed by the superintendents of their respective institutions;

24. Security officers employed by a city
or county when carrying out duties prescribed by ordinance;

25. Security officers of the buildings
and grounds division of the department of general services when carrying out
duties prescribed by the director of the department of general services; and

26. Any other officer or employee of
state or local government upon whom the power of a peace officer is conferred
by specific statute.

Sec. 7. NRS 617.135 is
hereby amended to read as follows:

617.135 Police officer includes a
sheriff, deputy sheriff [,]or city policeman, an officer
of the Nevada highway patrol, a field agent or
inspector of the motor carrier division [,]of the department of motor vehicles, a vehicle
emission control officer or [field dealer
inspector of]investigator in the
registration division [,]of that department, a member of the police department
of the University of Nevada System , or a
uniformed employee of the department of prisons whose position requires regular
and frequent contact with the offenders imprisoned and subjects the employee to
recall in emergencies.

Sec. 8. NRS 481.059 and
481.061 are hereby repealed.

Sec. 9. Sections 6 and 7 of
this act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 471, SB 436

Senate Bill No.
436Committee on Judiciary

CHAPTER 471

AN ACT relating to administrative
regulations; making various changes in the procedure for proposing and adopting
temporary administrative regulations; and providing other matters properly
relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 233B.060 is
hereby amended to read as follows:

233B.060 1. Except as
otherwise provided in subsection 2 and in section 6 of [this
act,]Senate Bill No. 83 of this session, before
adopting, amending or repealing any permanent or
temporary regulation, the agency shall give at least 30 days notice of
its intended action, unless a shorter period of notice is specifically
permitted by statute.

2. If an agency has adopted a temporary
regulation after notice and the opportunity for a hearing as provided in this
chapter, it may adopt a substantively equivalent permanent regulation without
further notice or hearing, but the language of the
permanent regulation must first be approved or revised by the legislative
counsel and the adopted regulation is subject to review by the legislative
commission.

notice or hearing, but the language of the permanent
regulation must first be approved or revised by the legislative counsel and the
adopted regulation is subject to review by the legislative commission.

Sec. 2. NRS 233B.070 is
hereby amended to read as follows:

233B.070 1. A permanent regulation becomes effective upon filing with
the secretary of state of the original and one copy of the final draft or
revision of a regulation by the director of the legislative counsel bureau,
except where:

(a) A statute prescribes a specific time when
the regulation becomes effective; or

(b) A later date is specified in the regulation . [; or

(c) The regulation is an
emergency regulation,

but every regulation except an
emergency regulation shall be submitted to the legislative counsel bureau for
filing.]

2. A temporary
regulation becomes effective upon filing with the secretary of state of the
original and one copy of the final draft or revision of a regulation by the
agency. The agency shall also file a copy of the temporary regulation with the
legislative counsel bureau.

3. The
secretary of state shall maintain the original of the final draft or revision
of each regulation in a permanent file to be used only for the preparation of
official copies, and shall maintain a file containing the duplicate copies of
such regulations for public inspection together with suitable indexes therefor.

[3.]4. The secretary of state shall file, with
the original of each agencys rules of practice, the current statement of the
agency concerning the date and results of its most recent review of those
rules.

[4.]5. Each agency shall furnish a copy of any
of its regulations, or all or part of that part of the Nevada Administrative
Code which contains its regulations, to any person who requests a copy, and may
charge a reasonable fee for such copy based on the cost of reproduction if it
does not have funds appropriated or authorized for such purpose.

Sec. 3. Section 5 of Senate
Bill No. 83 of this session is hereby amended to read as follows:

Sec. 5. The
agency shall at the time of giving the notice deposit one copy of the text of
the proposed regulation with the secretary of state, and keep at least one copy
available in its office from the date of the notice to the date of the hearing,
for inspection and copying by the public. After [the]:

(a) The
director of the legislative counsel bureau has filed the original and a
copy of the final draft or revision of [the]a permanent regulation ;
or

(b) The
agency has filed the original and a copy of the final draft or revision of a
temporary regulation,

with the secretary of state, the
secretary of state may discard the deposited copy of the proposed regulation.

Sec. 4. Section 7 of Senate
Bill No. 83 of this session is hereby amended to read as follows:

Sec. 7. If
an agency finds that an emergency exists, and this finding is concurred in by
the governor by written endorsement on the original copy
of a proposed regulation, a regulation may be adopted and become effective
immediately upon its being filed in the office of the secretary of state.

the original copy of a proposed
regulation, a regulation may be adopted and become effective immediately upon
its being filed in the office of the secretary of state. A copy of the
regulation must also be filed with the legislative counsel bureau. A regulation
so adopted may be effective for a period of not longer than 120 days. A
regulation may be adopted by this emergency procedure only once . [, but the adoption of
an identical regulation after notice and the opportunity for a hearing as
provided in this chapter, is not precluded.]If an agency adopts a permanent or temporary regulation which
becomes effective and is substantially identical to its effective emergency
regulation, the emergency regulation expires automatically on the effective
date of the temporary or permanent regulation.

________

CHAPTER 472, SB 48

Senate Bill No.
48Senator Jacobsen

CHAPTER 472

AN ACT relating to the use of land;
providing a procedure for the granting of variances, special use permits and other
special exemptions by agencies; allowing a local government to pay compensation
to members of its planning commission; and providing other matters properly
relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 278.040 is
hereby amended to read as follows:

278.040 1. The members of
the planning commission are appointed by the chief executive officer of the
city, or in the case of a county by the chairman of the board of county
commissioners, with the approval of the governing body. The members shall not
hold any other public office, except that one member may be a member of the
zoning board of adjustment. The majority of the members of the county planning
commission in any county of over 250,000 population must reside within the
unincorporated area of the county, subject to the provisions of subsection 7.

2. In Carson City, the members of the
planning commission established as provided in NRS 278.030 are appointed by the
mayor from the city at large, with the approval of the board of supervisors.

3. [All
members of the planning commission serve without compensation but are entitled
to reasonable travel expenses made necessary in the fulfillment of their
duties, except that a board of county commissioners]The governing body may provide for compensation to its
planning commission in an amount of not more than $40 per meeting of the
commission, with a total of not more than $200 per month, and may provide
travel expenses and subsistence allowances for the members in the same amounts
as are allowed for [state]other officers and employees [.]of the county or city.

4. The term of each member is 4 years, or
until his successor takes office.

5. Members may be removed, after public
hearing, by a majority vote of the governing body for inefficiency, neglect of
duty or malfeasance of office.

6. Vacancies occurring otherwise than
through the expiration of term must be filled for the unexpired term.

7. Appointments to meet the requirements
of subsection 1 with respect to members residing in unincorporated areas in
counties of over 250,000 population must be made as follows:

(a) The member newly appointed on July 1, 1973,
must reside in the unincorporated area of the county; and

(b) The members appointed to fill the next three
vacancies, whether occurring by expiration of term or otherwise, must reside in
the unincorporated area of the county.

Sec. 2. NRS 278.315 is
hereby amended to read as follows:

278.315 The governing body may provide by ordinance for the granting of variances, special use permits or other special
exceptions [, and if it so provides, shall
further provide:

1. For the
granting of all such permits or exceptions by the board of adjustment;

2. For the granting
of all such permits or exceptions by the planning commission; or

3. For the
granting of enumerated categories of such permits or exceptions by the board of
adjustment or the planning commission, and the granting of other such permits
or exceptions by the other body.]by the
board of adjustment or the planning commission. The governing body may impose
this duty entirely on the board of adjustment or the planning commission,
respectively, or provide for the granting of enumerated categories of variances,
special use permits or special exceptions by the board or commission. A hearing
to consider an application for the granting of a variance, special use permit
or special exception must be held before the board or commission within 65 days
after the filing of the application. A notice setting forth the time, place and
purpose of the hearing must be sent by mail at least 10 days before the hearing
to the applicant, to each owner of real property located within 300 feet of the
property in question, and to any advisory board which has been established for
the affected area by the governing body. Any such ordinance must provide an
opportunity for the applicant or a protestant to appeal from a decision of the
board or commission to the governing body.

Sec. 3. NRS 278.317 is
hereby amended to read as follows:

278.317 1. The governing
body may reserve to itself the power to review decisions of the board of
adjustment or planning commission, or both, with respect to [special exceptions or variances, or both,]variances, special use permits or other special
exceptions, and to affirm, modify or reverse any such decision.

2. In reviewing [such]those decisions, the governing body [shall]must be
guided by the statement of purpose underlying the regulation of land improvement [regulation] expressed in NRS
278.020.

AN ACT relating to public purchasing;
authorizing public bodies to enter into contracts to lease property in return
for the right to purchase energy at reduced rates or to provide for certain
improvements to be made thereon without competitive bidding; and providing
other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 332.035 is
hereby amended to read as follows:

332.035 1. Except as
otherwise provided by [law, a]specific statute:

(a) A governing
body or its authorized representative may enter into a contract of any nature
without advertising when the estimated amount required to perform the contract
is $5,000 or less.

[2.](b) If the estimated amount required to perform
the contract is more than $2,500 but not more than $5,000, requests for bids
must be submitted to two or more persons capable of performing the contract, if
available. The governing body or its authorized representative shall maintain a
permanent record of all requests for bids and all bids received.

[3.]2. Nothing in this section prohibits a
governing body or its authorized representative from advertising for or
requesting bids regardless of the estimated amount to perform the contract.

Sec. 2. NRS 332.185 is
hereby amended to read as follows:

332.185 1. [All]Except as otherwise provided in section 3 of this act, all sales or leases of personal property of the [public entity shall]local government must be made, as nearly as possible, under the same
conditions and limitations as required by this chapter in the purchase of
personal property; but the governing body or its authorized representative may
sell any such personal property at public auction if it deems such a sale
desirable and in the best interests of the local government.

2. The provisions of this chapter do not
apply to the purchase, sale, lease or transfer of real property by the
governing body.

Sec. 3. Chapter 334 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

1. The governing
body or executive authority of any public body may enter into a contract to
lease property which the public body owns or which is assigned to it for
administration:

(a) At a reduced rate in
return for the right to purchase energy at a reduced rate; or

(b) Whereby the lessee
agrees to construct a facility designed to conserve energy on the property and
thereafter lease the property back to the governing body.

2. The governing
body or executive authority may enter into a contract pursuant to subsection 1
if it finds that the contract would:

(a) Promote the
conservation of energy and reduce the use of fossil fuels;

(b) Promote the use of
types of energy which are alternatives to fossil fuels; and

(c) Result in a reduction
in the amount of money spent for the energy used by the public body, which
reduction is equal to or greater than the amount of money by which the rate of
the lease is reduced below market value.

3. A public
hearing must be held before a contract is entered into pursuant to subsection
1. A notice which includes at least the time, location and agenda of the
hearing must be:

(a) Posted at the
principal office of the public body or the building in which the hearing is to
be held; and

(b) Published in a paper
of general circulation within the jurisdiction of the public body at lease once
a week for 2 weeks,

not less than 2 weeks before the
hearing.

4. For the
purposes of this section:

(a) Facility designed to
conserve energy includes any work or improvement which operates to reduce the
use of fossil fuel and use energy more efficiently, including equipment used in
the production of alternative sources of energy, for cogeneration and for the
maintenance and management of loads.

(b) Public body means
the state or a county, city, town, school district or any public agency of this
state or its political subdivisions.

Sec. 4. NRS 244.283 is
hereby amended to read as follows:

244.283 1. When the board of
county commissioners determines that the lease of real property belonging to
the county for industrial, commercial, residential or recreational purposes is
necessary or desirable, the board may lease such real property, whether
acquired by purchase, dedication or otherwise. Such a lease must not be in
contravention of any condition in a gift or devise of real property to the
county.

2. Except as otherwise provided in
section 1 of [this act,]chapter 227, Statutes of Nevada 1983, before ordering
the lease of any property the board shall, in open meeting by a majority vote
of the members, adopt a resolution declaring its intention to lease the
property. The resolution must:

(a) Describe the property proposed to be leased
in such manner as to identify it.

(b) Specify the minimum rental, and the terms
upon which it will be leased.

(c) Fix a time, not less than 3 weeks
thereafter, for a public meeting of the board to be held at its regular place
of meeting, at which sealed proposals to lease will be received and considered.

3. Notice of the adoption of the resolution
and of the time and place of holding the meeting must be given by:

(a) Posting copies of the resolution in three
public places in the county not less than 15 days before the date of the
meeting; and

(b) Publishing the resolution not less than once
a week for 2 successive weeks before the meeting in a newspaper of general
circulation published in the county, if any such newspaper is published
therein.

4. At the time and place fixed in the
resolution for the meeting of the board, all sealed proposals which have been
received must, in public session, be opened, examined and declared by the
board. Of the proposals submitted which conform to all terms and conditions
specified in the resolution of intention to lease and which are made by
responsible bidders, the proposal which is the highest must be finally
accepted, unless a higher oral bid is accepted or the board rejects all bids.

5. Before accepting any written proposal,
the board shall call for oral bids. If, upon the call for oral bidding, any
responsible person offers to lease the property upon the terms and conditions
specified in the resolution, for a rental exceeding by at least 5 percent the
highest written proposal, then the highest oral bid which is made by a
responsible person must be finally accepted.

6. The final acceptance by the board may
be made either at the same session or at any adjourned session of the same
meeting held within the 10 days next following.

7. The board may, either at the same
session or at any adjourned session of the same meeting held within the 10 days
next following, if it deems such action to be for the best public interest,
reject any and all bids, either written or oral, and withdraw the property from
lease.

8. Any resolution of acceptance of any
bid made by the board must authorize and direct the chairman to execute a lease
and to deliver it upon performance and compliance by the lessee with all the
terms or conditions of his contract which are to be performed concurrently
therewith.

9. All money received from rentals of
real property must be deposited forthwith with the county treasurer to be
credited to the county general fund.

10. This section
does not apply to leases of real property made pursuant to section 3 of this
act.

Sec. 5. NRS 322.010 is
hereby amended to read as follows:

322.010 Except as provided in NRS 504.147
[,]and
section 3 of this act, the administrator of the division of state lands
of the state department of conservation and natural resources, as ex officio
state land registrar, may lease any land except contract land now or hereafter
owned by the State of Nevada, or which may hereafter be granted to it by the United
States of America, upon terms as provided in NRS 322.020 to 322.040, inclusive.

Sec. 6. NRS 322.050 is
hereby amended to read as follows:

322.050 Except as provided in NRS 504.147
[,]and
section 3 of this act, the administrator of the division of state lands
of the state department of conservation and natural
resources, as ex officio state land registrar, with the concurrence of the
governor, is authorized, in addition to the authority to lease provided in NRS
322.010 to 322.030, inclusive, to lease or grant easements over or upon any
land now or hereafter owned by the State of Nevada, or which may hereafter be
granted it by the United States of America, upon terms as provided in NRS
322.060.

department of conservation and natural resources, as ex
officio state land registrar, with the concurrence of the governor, is
authorized, in addition to the authority to lease provided in NRS 322.010 to
322.030, inclusive, to lease or grant easements over or upon any land now or
hereafter owned by the State of Nevada, or which may hereafter be granted it by
the United States of America, upon terms as provided in NRS 322.060. Leases or
grants of easements over or upon contract lands may be made only with the consent
of the contracting party, who must be paid all money received from any such
lease or grant. Easements over or upon any lands which are used by any office,
department, board, commission, bureau, institution or other agency of the State
of Nevada may be granted only with the concurrence of the agency.

Sec. 7. Section 4 of this
act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 474, SB 184

Senate Bill No.
184Senator Jacobsen

CHAPTER 474

AN ACT relating to the disposal of
radioactive waste; adopting the Rocky Mountain compact for the disposal of
low-level radioactive waste; providing civil penalties; containing an
appropriation; and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 459 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 4, inclusive, of this act.

Sec. 2. The
Rocky Mountain Low-level Radioactive Waste Compact, referred to as the
compact in sections 2 to 4, inclusive, of this act, is hereby enacted into
law and entered into with all jurisdictions legally joining therein, in the
form substantially as follows:

ARTICLE 1

FINDINGS AND PURPOSE

A. The party
states agree that each state is responsible for providing for the management of
low-level radioactive waste generated within its borders, except for waste
generated as a result of defense activities of the Federal Government or
federal research and development activities. Moreover, the party states find
that the United States Congress, by enacting the Low-Level Radioactive Waste
Policy Act (Public Law 96-573), has encouraged the use of interstate compacts
to provide for the establishment and operation of facilities for regional
management of low-level radioactive waste.

B. It is the
purpose of the party states, by entering into an interstate
compact, to establish the means for cooperative effort in managing low-level
radioactive waste; to ensure the availability and economic viability of
sufficient facilities for the proper and efficient management of low-level
radioactive waste generated within the region while preventing unnecessary and
uneconomic proliferation of such facilities; to encourage reduction of the
volume of low-level radioactive waste requiring disposal within the region; to
restrict management within the region of low-level radioactive waste generated
outside the region; to distribute the costs, benefits and obligations of
low-level radioactive waste management equitably among the party states; and by
these means to promote the health, safety and welfare of the residents within
the region.

interstate compact, to establish the
means for cooperative effort in managing low-level radioactive waste; to ensure
the availability and economic viability of sufficient facilities for the proper
and efficient management of low-level radioactive waste generated within the
region while preventing unnecessary and uneconomic proliferation of such
facilities; to encourage reduction of the volume of low-level radioactive waste
requiring disposal within the region; to restrict management within the region
of low-level radioactive waste generated outside the region; to distribute the
costs, benefits and obligations of low-level radioactive waste management
equitably among the party states; and by these means to promote the health,
safety and welfare of the residents within the region.

ARTICLE 2

DEFINITIONS

As used in this compact, unless
the context clearly indicates otherwise:

(2) Is the
low-level waste facility in existence on January 1, 1982, at Beatty, Nevada.

ARTICLE 3

RIGHTS, RESPONSIBILITIES AND OBLIGATIONS

A. There shall be
regional facilities sufficient to manage the low-level waste generated within
the region. At least one regional facility shall be open and operating in a
party state other than Nevada within 6 years after this compact becomes law in
Nevada and in one other state.

B. Low-level waste
generated within the region shall be managed at regional facilities without
discrimination among the party states; provided, however, that a host state may
close a regional facility when necessary for public health or safety.

C. Each party
state which, according to reasonable projections made by the board, is expected
to generate 20 percent or more in cubic feet except as otherwise determined by
the board of the low-level waste generated within the region has an obligation
to become a host state in compliance with subsection D of this article.

D. A host state, or
a party state seeking to fulfill its obligation to become a host state, shall:

(1) Cause a
regional facility to be developed on a timely basis as determined by the board,
and secure the approval of such regional facility by the board as provided in
article 4 before allowing site preparation or physical construction to begin;

(2) Ensure by its
own law, consistent with any applicable federal law, the protection and
preservation of public health and safety in the siting, design, development,
licensure or other regulation, operation, closure, decommissioning and
long-term care of the regional facilities within the state;

(3) Subject to the
approval of the board, ensure that charges for management of low-level waste at
the regional facilities within the state are reasonable;

(4) Solicit
comments from each other party state and the board regarding siting, design,
development, licensure or other regulation, operation, closure, decommissioning
and long-term care of the regional facilities within the state and respond in
writing to such comments;

(5) Submit an
annual report to the board which contains projections of the anticipated future
capacity and availability of the regional facilities within the state, together
with other information required by the board; and

(6) Notify the
board immediately if any exigency arises requiring the possible temporary or
permanent closure of a regional facility within the state at a time earlier
than was projected in the states most recent annual report to the board.

E. Once a party
state has served as a host state, it shall not be obligated to serve again
until each other party state having an obligation under subsection C of this
article has fulfilled that obligation.

Nevada, already being a host state,
shall not be obligated to serve again as a host state until every other party
state has so served.

F. Each party
state:

(1) Agrees to
adopt and enforce procedures requiring low-level waste shipments originating
within its borders and destined for a regional facility to conform to packaging
and transportation requirements and regulations. Such procedures shall include
but are not limited to:

(a) Periodic
inspections of packaging and shipping practices;

(b) Periodic
inspections of waste containers while in the custody of carriers; and

(c) Appropriate
enforcement actions with respect to violations;

(2) Agrees that
after receiving notification from a host state that a person in the party state
has violated packaging, shipping or transportation requirements or regulations,
it shall take appropriate action to ensure that violations do not recur.
Appropriate action may include but is not limited to the requirement that a
bond be posted by the violator to pay the cost of repackaging at the regional
facility and the requirement that future shipments be inspected;

(3) May impose
fees to recover the cost of the practices provided for in paragraphs (1) and
(2) of this subsection;

(4) Shall maintain
an inventory of all generators within the state that may have low-level waste
to be managed at a regional facility; and

(5) May impose
requirements or regulations more stringent than those required by this
subsection.

ARTICLE 4

BOARD APPROVAL OF REGIONAL FACILITIES

A. Within 90 days
after being requested to do so by a party state, the board shall approve or
disapprove a regional facility to be located within that state.

B. A regional
facility shall be approved by the board if and only if the board determines
that:

(1) There will be,
for the foreseeable future, sufficient demand to render operation of the
proposed facility economically feasible without endangering the economic
feasibility of operation of any other regional facility; and

(2) The facility
will have sufficient capacity to serve the needs of the region for a reasonable
period of years.

ARTICLE 5

SURCHARGES

A. The board shall
impose a compact surcharge per unit of waste received at any regional facility.
The surcharge shall be adequate to pay the costs and expenses of the board in
the conduct of its authorized activities and may be increased or decreased as
the board deems necessary.

B. A host state
may impose a state surcharge per unit of waste received
at any regional facility within the state.

received at any regional facility
within the state. The host state may fix and change the amount of the state
surcharge subject to approval by the board. Money received from the state
surcharge may be used by the host state for any purpose authorized by its own
law, including but not limited to costs of licensure and regulatory activities
related to the regional facility, reserves for decommissioning and long-term
care of the regional facility and local impact assistance.

ARTICLE 6

THE BOARD

A. The Rocky
Mountain low-level radioactive waste board, which shall not be an agency or
instrumentality of any party state, is created.

B. The board shall
consist of one member from each party state. Each party state shall determine
how and for what term its member shall be appointed, and how and for what term
any alternate may be appointed to perform that members duties on the board in
the members absence.

C. Each party
state is entitled to one vote. A majority of the board constitutes a quorum.
Unless otherwise provided in this compact, a majority of the total number of
votes on the board is necessary for the board to take any action.

D. The board shall
meet at least once a year and otherwise as its business requires. Meetings of
the board may be held in any place within the region deemed by the board to be
reasonably convenient for the attendance of persons required or entitled to
attend and where adequate accommodations may be found. Reasonable public notice
and opportunity for comment shall be given with respect to any meeting;
provided, however, that nothing in this subsection shall preclude the board
from meeting in executive session when seeking legal advice from its attorneys
or when discussing the employment, discipline or termination of any of its
employees.

E. The board shall
pay necessary travel and reasonable per diem expenses of its members,
alternates and advisory committee members.

F. The board shall
organize itself for the efficient conduct of its business. It shall adopt and
publish rules consistent with this compact regarding its organization and
procedures. In special circumstances the board, with unanimous consent of its
members, may take actions by telephone; provided, however, that any action taken
by telephone shall be confirmed in writing by each member within 30 days. Any
action taken by telephone shall be noted in the minutes of the board.

G. The board may
use for its purposes the services of any personnel or other resources which may
be offered by any party state.

H. The board may
establish its offices in space provided for that purpose by any of the party
states or, if space is not provided or is deemed inadequate, in any space
within the region selected by the board.

I. Consistent with
available funds, the board may contract for necessary personnel services and
may employ such staff as it deems necessary to carry out its duties. Staff shall
be employed without regard for the personnel, civil service or merit system
laws of any of the party states and shall serve at
the pleasure of the board.

states and shall serve at the
pleasure of the board. The board may provide appropriate employee benefit
programs for its staff.

J. The board shall
establish a fiscal year which conforms to the extent practicable to the fiscal
years of the party states.

K. The board shall
keep an accurate account of all receipts and disbursements. An annual audit of
the books of the board shall be conducted by an independent certified public
accountant, and the audit report shall be made a part of the annual report of
the board.

L. The board shall
prepare and include in the annual report a budget showing anticipated receipts
and disbursements for the ensuing year.

M. Upon
legislative enactment of this compact, each party state shall appropriate
$70,000 to the board to support its activities prior to the collection of
sufficient funds through the compact surcharge imposed pursuant to subsection A
of article 5 of this compact.

N. The board may
accept any donations, grants, equipment, supplies, materials or services,
conditional or otherwise, from any source. The nature, amount and condition, if
any, attendant upon any donation, grant or other resources accepted pursuant to
this subsection, together with the identity of the donor or grantor, shall be
detailed in the annual report of the board.

O. In addition to
the powers and duties conferred upon the board pursuant to other provisions of
this compact, the board:

(1) Shall submit
communications to the governors and to the presiding officers of the
legislatures of the party states regarding the activities of the board,
including an annual report to be submitted by December 15;

(2) May assemble and
make available to the governments of the party states and to the public through
its members information concerning low-level waste management needs,
technologies and problems;

(3) Shall keep a
current inventory of all generators within the region, based upon information
provided by the party states;

(4) Shall keep a
current inventory of all regional facilities, including information on the
size, capacity, location, specific wastes capable of being managed and the
projected useful life of each regional facility;

(5) May keep a
current inventory of all low-level waste facilities in the region, based upon
information provided by the party states;

(6) Shall
ascertain on a continuing basis the needs for regional facilities and capacity
to manage each of the various classes of low-level waste;

(7) May develop a
regional low-level waste management plan;

(8) May establish
such advisory committees as it deems necessary for the purpose of advising the
board on matters pertaining to the management of low-level waste;

(9) May contract
as it deems appropriate to accomplish its duties and effectuate its powers,
subject to its projected available resources; but no contract made by the board
shall bind any party state;

(10) Shall make
suggestions to appropriate officials of the party states to ensure that
adequate emergency response programs are available for dealing with any
exigency that might arise with respect to low-level waste transportation or
management;

(11) Shall prepare
contingency plans, with the cooperation and approval of the host state, for
management of low-level waste in the event any regional facility should be
closed;

(12) May examine
all records of operators of regional facilities pertaining to operating costs,
profits or the assessment or collection of any charge, fee or surcharge;

(13) Shall have
the power to sue; and

(14) When
authorized by unanimous vote of its members, may intervene as of right in any
administrative or judicial proceeding involving low-level waste.

ARTICLE 7

PROHIBITED ACTS AND PENALTIES

A. It shall be
unlawful for any person to dispose of low-level waste within the region, except
at a regional facility; provided, however, that a generator who, prior to
January 1, 1982, had been disposing of only his own waste on his own property
may, subject to applicable federal and state law, continue to do so.

B. After January
1, 1986, it shall be unlawful for any person to export low-level waste which
was generated within the region outside the region unless authorized to do so
by the board. In determining whether to grant such authorization, the factors
to be considered by the board shall include, but not be limited to, the
following:

(1) The economic
impact of the export of the waste on the regional facilities;

(2) The economic
impact on the generator of refusing to permit the export of the waste; and

(3) The
availability of a regional facility appropriate for the disposal of the waste
involved.

C. After January
1, 1986, it shall be unlawful for any person to manage any low-level waste
within the region unless the waste was generated within the region or unless
authorized to do so both by the board and by the state in which that management
takes place. In determining whether to grant such authorization, the factors to
be considered by the board shall include, but not be limited to, the following:

(1) The impact of
importing waste on the available capacity and projected life of the regional
facilities;

(2) The economic
impact on the regional facilities; and

(3) The
availability of a regional facility appropriate for the disposal of the type of
waste involved.

D. It shall be
unlawful for any person to manage at a regional facility any radioactive waste
other than low-level waste as defined in this compact, unless authorized to do
so both by the board and the host state. In determining whether to grant such
authorization, the factors to be considered by the board shall include, but not
be limited to, the following:

(1) The impact of
allowing such management on the available capacity and projected life of the
regional facilities;

(2) The availability
of a facility appropriate for the disposal of the type of waste involved;

E. Any person who
violates subsection A or B of this article shall be liable to the board for a
civil penalty not to exceed 10 times the charges which would have been charged
for disposal of the waste at a regional facility.

F. Any person who
violates subsection C or D of this article shall be liable to the board for a
civil penalty not to exceed 10 times the charges which were charged for
management of the waste at a regional facility.

G. The civil
penalties provided for in subsections E and F of this article may be enforced
and collected in any court of general jurisdiction within the region where
necessary jurisdiction is obtained by an appropriate proceeding commenced on
behalf of the board by the attorney general of the party state wherein the
proceeding is brought or by other counsel authorized by the board. In any such
proceeding, the board, if it prevails, is entitled to recover reasonable
attorneys fees as part of its costs.

H. Out of any
civil penalty collected for a violation of subsection A or B of this article,
the board shall pay to the appropriate operator a sum sufficient in the
judgment of the board to compensate the operator for any loss of revenue
attributable to the violation. Such compensation may be subject to state and
compact surcharges as if received in the normal course of the operators
business. The remainder of the civil penalty collected shall be allocated by
the board. In making such allocation, the board shall give first priority to
the needs of the long-term care funds in the region.

I. Any civil
penalty collected for a violation of subsection C or D of this article shall be
allocated by the board. In making such allocation, the board shall give first
priority to the needs of the long-term care funds in the region.

J. Violations of
subsection A, B, C, or D of this article may be enjoined by any court of
general jurisdiction within the region where necessary jurisdiction is obtained
in any appropriate proceeding commenced on behalf of the board by the attorney
general of the party state wherein the proceeding is brought or by other
counsel authorized by the board. In any such proceeding, the board, if it
prevails, is entitled to recover reasonable attorneys fees as part of its
costs.

K. No state
attorney general shall be required to bring any proceeding under any subsection
of this article, except upon his consent.

A. Arizona,
Colorado, Nevada, New Mexico, Utah and Wyoming are eligible to become parties
to this compact. Any other state may be made eligible by unanimous consent of
the board.

B. An eligible
state may become a party state by legislative enactment of this compact or by
executive order of its governor adopting this compact; provided, however, a
state becoming a party by executive order shall
cease to be a party state upon adjournment of the first general session of its
legislature convened thereafter, unless before such adjournment the legislature
shall have enacted this compact.

order shall cease to be a party state
upon adjournment of the first general session of its legislature convened
thereafter, unless before such adjournment the legislature shall have enacted
this compact.

C. This compact
shall take effect when it has been enacted by the legislatures of two eligible
states. However, subsections B and C of article 7 shall not take effect until
Congress has by law consented to this compact. Every 5 years after such consent
has been given, Congress may by law withdraw its consent.

D. A state which
has become a party state by legislative enactment may withdraw by legislation
repealing its enactment of this compact; but no such repeal shall take effect
until 2 years after enactment of the repealing legislation. If the withdrawing
state is a host state, any regional facility in that state shall remain
available to receive low-level waste generated within the region until 5 years
after the effective date of the withdrawal; provided, however, this provision
shall not apply to the existing facility in Beatty, Nevada.

E. A party state
may be excluded from this compact by a two-thirds vote of the members
representing the other party states, acting in a meeting, on the ground that
the state to be excluded has failed to carry out its obligations under this
compact. Such an exclusion may be terminated upon a two-thirds vote of the
members acting in a meeting.

ARTICLE 9

CONSTRUCTION AND SEVERABILITY

A. The provisions
of this compact shall be broadly construed to carry out the purposes of the
compact.

B. Nothing in this
compact shall be construed to affect any judicial proceeding pending on the
effective date of this compact.

C. If any part or
application of this compact is held invalid, the remainder, or its application
to other situations or persons, shall not be affected.

Sec. 3. The
governor shall appoint the member of the Rocky Mountain low-level radioactive
waste board to represent this state. The member serves at the pleasure of the
governor.

Sec. 4. The
member representing this state on the Rocky Mountain low-level radioactive
waste board may, in his absence, be represented on the board by an alternate
designated by him. Such an alternate may discharge the members duties and
perform the members functions to the extent and during the time designated by
the member, pursuant to subsection B of article 6 of the compact.

AN ACT relating to public lands; allowing
the state land registrar to acquire and lease land for private development; and
providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 321.001 is
hereby amended to read as follows:

321.001 1. The division of
state lands shall acquire and hold in the name of the State of Nevada all lands
and interests in land owned or required by the state except:

(a) Lands or interests used or acquired for
highway purposes;

(b) Lands or interests the title to which is
vested in the board of regents of the University of Nevada; or

(c) Offices outside state buildings leased by
the chief of the buildings and ground division of the department of general
services for the use of state officers and employees,

and shall administer all lands it holds which are not
assigned for administration to another state agency.

2. If additional land or an interest in
land is required for the use of any state agency except the department of
transportation or the University of Nevada, the agency shall select a site
approved by the state public works board, obtain an appraisal of the land to be
acquired, and obtain the approval of the legislature if required by law. The
division of state lands shall then obtain the land or interest by negotiation
or if necessary by exercising the states power of eminent domain. Title must
be taken in the name of the State of Nevada.

3. The division of
state lands may acquire and hold land and interests in land required for any
public purpose, including the production of public revenue. Title must be taken
in the name of the State of Nevada.

Sec. 2. Chapter 322 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

The state land registrar may
lease for private development any land except contract land owned by the State
of Nevada to produce public revenue. Such a lease may be for a term not to
exceed 99 years.

________

κ1983
Statutes of Nevada, Page 1261κ

CHAPTER 476, AB 544

Assembly Bill No.
544Committee on Government Affairs

CHAPTER 476

AN ACT relating to garbage; authorizing
the regulation of the disposal of garbage generated outside the area of
disposal; authorizing the state environmental commission to establish fees for
importing garbage into the state; and providing other matters properly relating
thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 444.510 is
hereby amended to read as follows:

444.510 1. The governing
body of every municipality or district board of health created pursuant to NRS
439.370 shall develop a plan to provide for a solid waste management system
which [shall] adequately [provide]provides
for the disposal of solid waste [generated]
within the boundaries of the municipality or within the area to be served by
the system [.], whether generated within or outside of the boundaries of the
area.

2. The plan may
include ordinances adopted pursuant to NRS 444.520 and 444.530.

3. Such a governing body may enter into agreements with
governing bodies of other municipalities, or with any person, or with a
combination thereof, to effectuate the plan provided for in subsection 1 and to
provide a solid waste management system, or any part thereof.

[3.]4. Any plan developed by the governing
body of a municipality or district board of health created pursuant to NRS
439.370 [shall]must be submitted to the state department of conservation
and natural resources for approval. No action may be taken by any such
governing body or district board of health until [such]the plan has been approved.

[4.]5. Any regulation or plan adopted by the
state board of health [prior to]before July 1, 1975, for solid waste management systems
[shall remain]remains in effect until the regulation or plan is
revised by the state environmental commission.

2. The state
environmental commission may establish a schedule of fees for the importation
of solid waste into the state. The department may use the money collected under
the schedule to defray the cost of managing and regulating the disposal in this
state of solid waste which is generated outside of the state.

3. Notice
of the intention to adopt and the adoption of any regulation [shall]or
schedule of fees must be given to the clerk of the governing board of
all municipalities in this state.

[3.]4. Within a reasonable time, as fixed by
the state environmental commission, after the adoption of any regulation, no
governing board of a municipality or person [shall] may
operate or permit an operation in violation of [such] the regulation.

board of a municipality or person [shall]may operate or permit an operation in violation
of [such]the
regulation.

Sec. 3. This act shall
become effective upon passage and approval.

________

CHAPTER 477, SB 278

Senate Bill No.
278Senator Gibson

CHAPTER 477

AN ACT to create the Moapa Valley Water
District in Clark County, Nevada; providing for the storage, conservation,
distribution and sale of water within the district; authorizing the district to
purchase, acquire and construct the facilities necessary to serve water to
consumers within the district; authorizing the issuance of general obligation
and revenue bonds; providing the power to tax; and providing other matters
properly relating thereto.

[Approved May 24, 1983]

Whereas, Adequate
and efficient water service is vital to the economy and well-being of the Moapa
Valley area; and

Whereas, Moapa
Valley is remote from the county seat of Clark County, thus dictating that
indispensable activities such as water service be administered by a
governmental entity located in Moapa Valley; and

Whereas, Moapa
Valley could best be served water through a single governmental entity
succeeding the two current purveyors, Overton Water District and Moapa Valley
Water Company; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
created a political subdivision of this state to be known as the Moapa Valley
Water District. The jurisdiction and service area of the district are all that
real property located in Clark County, Nevada, described as follows:

2. To sue and be sued in the name of the
district in any court of competent jurisdiction.

3. To adopt a seal and alter it at the
districts pleasure.

4. To enter into contracts, and employ
and fix the compensation of staff and professional advisers.

5. To borrow money and incur indebtedness
to the extent permitted by law.

6. Subject to NRS 350.001 to 350.006,
inclusive, to issue and retire bonds, warrants, notes and other securities, as
if it were a municipality, in accordance with and by exercise of the powers
conferred by:

(a) NRS 350.020 to 350.070, inclusive;

(b) NRS 350.350 to 350.490, inclusive;

(c) NRS 350.500 to 350.720, inclusive; and

(d) Other applicable law,

to pay the cost, in whole or in part, of the acquisition or
construction, respectively, of any lands, easements, water rights, waters,
waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and
other property or equipment useful or necessary to store, convey, supply or
otherwise deal with water to provide adequate water service to the service area.
For purposes of NRS 350.572, this act does not expressly or impliedly require
an election before issuance of a security or indebtedness pursuant to NRS
350.500 to 350.720, inclusive, if the obligation is payable solely from pledged
revenues, but an election must be held before incurring a general obligation.

7. To take by grant, purchase, gift,
devise or lease, and to hold, use, lease or dispose of real and personal
property within or without the service area of the district. Such property
includes but is not limited to lands, easements, water rights, waters,
waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and
other property useful or necessary to store, convey, supply or otherwise deal
with water to provide adequate water service to the service area.

8. To adopt ordinances, rules,
regulations and bylaws necessary for exercise of the powers and conduct of the
affairs of the board and district.

9. To exercise the power of eminent
domain in the manner prescribed by law, within or without the service area of
the district, to take any property including but not limited to property
specified in subsection 7, necessary or convenient for the exercise of the
powers of the district or for the provision of adequate water service to the
service area. No action in eminent domain may be commenced to acquire property
outside the service area unless the board of county commissioners of the
affected county consents to the action. No property devoted to public use may
be taken by the district unless it is taken upon a finding by a court of
competent jurisdiction that the taking is for a more necessary public use than
the use to which the property is already devoted.

10. To contract or cooperate with the
United States, the State of Nevada or any political subdivision thereof in
order to store, conserve, supply, convey or otherwise
deal with water to provide adequate water to the service area.

supply, convey or otherwise deal with water to provide
adequate water to the service area.

11. To store or conserve water in surface
or underground reservoirs, within or without the district, to appropriate water
and to import water from without the district, all to provide adequate water
service to the service area.

12. To sell and distribute water under
the control of the district, without preference, to any person, firm,
corporation, association, district, agency or inhabitant, public or private,
for use within the service area, to fix, establish and adjust rates, classes of
rates, terms and conditions for the sale and use of such water, and to sell
water for use outside the service area upon a finding by the board that there
is a surplus of water above that amount required to serve consumers within the
service area.

13. To construct, acquire, alter,
improve, operate and maintain waterworks, conduits, pipelines, wells,
reservoirs, structures, machinery and other property and equipment useful or
necessary to store, convey, supply or otherwise deal with water to provide adequate
water service to the service area.

14. To restrict the use of district water
during any emergency caused by drought or other threatened or existing water
shortage, and to prohibit the waste of district water at any time.

15. To levy and collect taxes in the
manner and for the purposes prescribed in this act.

16. To do all acts and things reasonably
implied from and necessary for the full exercise of all the powers of the
district granted by this act.

Sec. 4. All powers, duties
and privileges of the Moapa Valley Water District must be exercised and
performed by the governing board of the district. Except as otherwise provided
in this section, the board consists of seven members elected as prescribed in
this act. The first board consists of the respective members of the governing
boards of the Moapa Valley Water Company and Overton Water District sitting
upon the effective date of this act. The members of the first board shall
convene within 30 days after the effective date of this act to commence and
continue operation of the district until election of their successors in
conjunction with the Clark County general election in 1984. A simple majority
of the members of the first board constitutes a quorum. The vote of a simple
majority of the quorum is required in order to take action.

Sec. 5. 1. Except
for members of the first board, members of the board, in the manner provided in
this section, must be elected at a general district election held in
conjunction with the general election of Clark County in 1984 and with each
such general election every 2 years thereafter. Each member must reside in the
portion of the service area which he represents but must be elected by the
registered voters of the entire district.

2. At the general district election of
1984 there must be elected:

(a) Two members representing that portion of the
service area to be designated as the Glendale-Moapa election area, lying
between the centerline of A and W Farm Road and the
northernmost boundary of the service area, one of whom, chosen by lot, shall
serve a term of 4 years and the other a term of 2 years;

centerline of A and W Farm Road and the northernmost
boundary of the service area, one of whom, chosen by lot, shall serve a term of
4 years and the other a term of 2 years;

(b) Two members representing that portion of the
service area to be designated as the Logandale election area, lying between the
centerline of A and W Farm Road and that of Cottonwood Lane, one of whom,
chosen by lot, shall serve a term of 4 years and the other a term of 2 years;
and

(c) Three members representing that portion of
the service area to be designated as the Overton election area, lying between
the centerline of Cottonwood Land and the southernmost boundary of the service
area, one of whom, chosen by lot, shall serve a term of 4 years and the others
terms of 2 years each.

3. At the general district election next
preceding expiration of the terms of office prescribed by subsection 2, and at
each such election in every 4th year thereafter, there must be elected
respective members of the board representing the election areas designated in
subsection 2.

4. The boundaries of the election areas
specified in subsection 2 must be adjusted by the board whenever necessary to
assure, as nearly as practicable, equal representation upon the board for all
persons residing within the service area.

Sec. 6. 1. Except
as otherwise provided in sections 4 and 5 of this act, each member of the board
must:

(a) Reside in the election area represented for
at least 6 months before the election at which the member is elected;

(b) Be a qualified elector of the election area
represented;

(c) Be elected by the qualified electors of the
election area represented; and

(d) Take office upon qualification therefor as
provided in subsection 2, or on the 1st Monday in January next following the
members election, whichever is later, and leave office upon the 1st Monday in
January next following the election of the members successor in office.

2. Before taking office, each member of
the board must qualify by filing with the Clerk of Clark County:

(a) An oath of office taken and subscribed in
the manner prescribed by the clerk; and

(b) A corporate surety bond, at the expense of
the district, in an amount determined by the clerk, but no greater than
$10,000, which bond must guarantee the faithful performance of the duties of
the member.

3. A vacancy on the board must be filled
by appointment of the remaining members of the board. The person so appointed
must be a resident and elector of the election area represented, and, before
taking office, qualify in the manner prescribed in subsection 2. The person
shall serve the remainder of the term of the member whose absence required his
appointment. If the board fails, neglects or refuses to fill a vacancy within
30 days after a vacancy occurs, the board of county commissioners of Clark
County shall fill the vacancy.

Sec. 7. 1. Unless
otherwise required for purposes of an election to incur an indebtedness, the
board shall conduct, supervise and, by ordinance,
regulate all district elections in accordance, as nearly as practicable, with
the general election laws of the state including but not limited to laws
relating to the time of opening and closing of polls, the manner of conducting
the election, the canvassing, announcement and certification of results and the
preparation and disposition of ballots.

ordinance, regulate all district elections in accordance, as
nearly as practicable, with the general election laws of the state including
but not limited to laws relating to the time of opening and closing of polls,
the manner of conducting the election, the canvassing, announcement and
certification of results and the preparation and disposition of ballots.

2. At least 60 days before the election,
a candidate for election to the board shall file a declaration of candidacy
with the secretary. Timely filing of such a declaration is a prerequisite to
election. The secretary shall publish notice of the election and arrange other
details in connection therewith as directed by the board.

3. Each member of the board must be
elected by a plurality of the qualified electors voting in the election area
which the member represents. If there are two seats upon the board to be filled
at the same election, each of which represents the same election area, the two
candidates therefor receiving the highest number of votes, respectively, are
elected.

4. If a member of the board is unopposed
in seeking reelection, the board may declare that member elected without a
formal election, but that member must not participate in the declaration.

5. If no person files candidacy for
election to a particular seat upon the board, the seat must be filled in the
manner of filling a vacancy.

Sec. 8. 1. A
board shall:

(a) Choose one of its members chairman of the
board and president of the district, prescribe the term of office, and the
powers and duties thereof.

(b) Fix the time and place at which its regular
meetings must be held and provide for the calling and conduct of special
meetings.

(c) Fix the location of the principal place of
business of the district.

(d) Elect a secretary-treasurer of the board and
the district, who may or may not be a member of the board.

(e) Appoint a general manager who must not be a
member of the board.

(f) Delegate and redelegate to officers of the
agency the power to employ necessary executives, clerical workers, engineering
assistants and laborers, and retain legal, accounting or engineering services,
subject to such conditions and restrictions as may be imposed by the board.

(g) Prescribe the powers, duties, compensation
and benefits of all officers and employees of the district, and require all
bonds necessary to protect the funds and property of the district.

(h) Take all actions and do all things
reasonably and lawfully necessary in order to conduct the business of the
district and achieve the purpose of this act.

2. Except as otherwise provided for the
first board, no regular or special meeting of the board may commence or
continue unless a quorum of at least four members is present. A majority vote
of the quorum present is required to take action with respect to any matter.

3. Members of the board serve without
compensation, except that they are entitled to reasonable per diem and travel
expenses, set by the board, for attendance at meetings
and conduct of other district business.

board, for attendance at meetings and conduct of other
district business.

Sec. 9. 1. The
board may levy and collect general ad valorem taxes on all taxable property
within the district, but only for the payment of principal and interest on its
general obligations. Such a levy and collection must be made in conjunction
with Clark County in the manner prescribed in this section.

2. The board shall determine the amount
of money necessary to be raised by taxation for a particular year in addition
to other sources of revenue of the district. The board then shall fix a rate of
levy which, when applied to the assessed valuation of all taxable property
within the district, will produce an amount, when combined with other revenues
of the district, sufficient to pay, when due, all principal of and interest on
general obligations of the district and any defaults or deficiencies relating
thereto.

3. In accordance with and in the same
manner required by the law applicable to incorporated cities, the board shall
certify to the board of county commissioners of Clark County the rate of levy
fixed pursuant to subsection 2. The board shall instruct the county to levy a
tax upon all taxable property in the district in accordance with such rate at
the time and in the manner required by law for levying of taxes for county
purposes.

4. The proper official or authority of
Clark County, upon behalf of the district, shall levy and collect the district
tax specified in subsection 3. Such a tax must be collected in the same manner,
including interest and penalties, as other taxes collected by the county. When
collected, the tax must be paid to the district in monthly installments for
deposit in the appropriate district depository.

5. If the taxes levied are not paid, the
property subject to the tax lien must be sold and the proceeds of the sale paid
to the district in accordance with the law applicable to tax sales and
redemptions.

Sec. 10. The district is
exempt from regulation by the Nevada public service commission.

Sec. 11. 1. The
Overton Water District, a public district encompassing a portion of the service
area of the district created by this act, is hereby dissolved.

2. All assets of the Overton Water
District including but not limited to any lands, buildings, easements, water
rights, waters, waterworks, conduits, pipelines, reservoirs, wells, structures,
facilities, intangibles, cash on hand, bank deposits, office furniture,
supplies and equipment and all other real or personal property of whatever
nature belonging to the district, become the property of the Moapa Valley Water
District on the effective date of this act. The officers of the Overton Water
District, subsequent to its dissolution, have limited authority to wind up the
affairs of the district and execute papers and documents necessary to
accomplish the transfer of assets to the Moapa Valley Water District.

3. All liabilities of the Overton Water
District, including but not limited to any bonds, debentures, notes, mortgages,
deeds of trust, accounts, things in action and all other liabilities of
whatever nature of the district become the liabilities of
the Moapa Valley Water District on the effective date of this act.

the district become the liabilities of the Moapa Valley
Water District on the effective date of this act. Those liabilities of a type
considered for purposes of legal debt limitations of a public entity must be so
considered for purposes of the debt limitation of the Moapa Valley Water
District. The transfer of liabilities under this subsection does not in any
fashion jeopardize, enhance or otherwise alter any security taken by any
obligee with respect to any liability transferred.

Sec. 12. 1. All
assets of the Moapa Valley Water Company, including but not limited to those of
a nature specified in subsection 2 of section 11 of this act, become the
property of the Moapa Valley Water District on the effective date of this act.
The officers of the Moapa Valley Water Company, subsequent to its dissolution,
have limited authority to wind up the affairs of the company and execute papers
and documents necessary to accomplish the transfer of assets to the Moapa
Valley Water District.

2. All liabilities of the Moapa Valley
Water Company, including but not limited to those of a nature specified in
subsection 3 of section 11 of this act, become the liabilities of the Moapa
Valley Water District on the effective date of this act. The transfer of liabilities
under this subsection does not in any fashion jeopardize, enhance or otherwise
alter any security taken by any obligee with respect to any liability
transferred.

Sec. 13. If any provision of
this act or the application thereof to any person, thing or circumstance is
held invalid, such invalidity does not affect the provisions or application of
this act that can be given effect without the invalid provision or application,
and to this end the provisions of this act are declared to be severable.

Sec. 14. This act shall
become effective upon the later of the following dates:

1. July 1, 1983; or

2. The date upon which the members of the
Moapa Valley Water Company, a nonprofit corporation with its principal office
in Clark County, Nevada, take action in accordance with applicable law to
dissolve the corporation and transfer its assets and liabilities to the Moapa
Valley Water District created by this act.

AN ACT relating to the protection and
preservation of state property and natural resources; directing the state board
of examiners to issue state general obligation bonds to finance the states
share of costs for projects to conserve water associated with the Truckee River
and the Newlands Federal Reclamation Project; and providing other matters
properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The director of
the state department of conservation and natural resources shall participate,
on behalf of the state, in negotiations with agencies of the Federal Government
and other appropriate agencies or organizations concerning projects to conserve
and allocate water associated with the Truckee River and the Newlands Federal
Reclamation Project, and the governor, on behalf of the State of Nevada, may
enter into an agreement which defines the rights, powers, duties and
obligations of the state, the Federal Government and any other appropriate
agency or organization with respect to those projects, but the states share of
the costs associated with those projects must not exceed $8,000,000.

Sec. 2. After the agreement
described in section 1 of this act has been entered into, the state board of
examiners shall issue general obligation bonds of the State of Nevada to
provide the money necessary to pay the states share of costs associated with
projects for the conservation of water associated with the Truckee River and
the Newlands Federal Reclamation Project, but not more than $8,000,000 in face amount.
The bonds may be issued at one time or from time to time.

Sec. 3. The legislature
finds and declares that the issuance of bonds pursuant to this act is necessary
for the protection and preservation of the property and natural resources of
this state and for the purpose of obtaining the benefits thereof, and
constitutes an exercise of the authority conferred by the second paragraph of
section 3 of article 9 of the constitution of the State of Nevada.

Sec. 4. The provisions of
the State Securities Law, contained in chapter 349 of NRS, apply to the
issuance of bonds under this act.

AN ACT relating to natural resources;
authorizing the director of the state department of conservation and natural
resources to enter into a contract with the Elko County Recreation Board for
the construction of a dam and a park on the South Fork of the Humboldt River in
Elko County; specifying certain provisions of the contract; requiring the state
board of examiners to issue bonds to provide money for the project up to a
specified limit; allocating the remaining proceeds of other authorized bonds;
and providing other matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The state board
of examiners shall issue general obligation bonds of the State of Nevada to
provide the money necessary to accomplish the purposes of this act, but not
more than $4,700,000 in face amount. The bonds may be issued at one time or
from time to time.

Sec. 2. All remaining
proceeds of the bonds issued pursuant to chapter 660, Statutes of Nevada 1975,
as amended, are hereby allocated to provide additional money to accomplish the
purposes of this act. Notwithstanding the provisions of NRS 349.078, if any of
the bonds authorized pursuant to chapter 660 have not been issued or sold, the
state board of examiners shall forthwith issue and sell them, and their
proceeds are likewise so allocated.

Sec. 3. 1. The
director of the state department of conservation and natural resources may
enter into a contract with the Elko County Recreation Board to aid in the
design and construction of a dam on the South Fork of the Humboldt River in
Elko County and in creating a state park in the surrounding area.

2. The contract must include the
following provisions:

(a) The state is to pay for:

(1) Engineering and geological
investigation of the site of the dam;

(2) Acquisition of the required land; and

(3) Design and construction of the dam
and any necessary improvements for the state park,

conditioned upon receipt of matching funds from the Elko
County Recreation Board as provided in paragraph (b).

(b) The Elko County Recreation Board is to:

(1) Pay to the state the sum of
$1,200,000 upon execution of the contract; and

(2) Beginning in the third year after the
execution of the contract, pay to the state by July 1 of each year for 18 years
the sum of $250,000 or more.

(c) The parties may terminate the contract by
mutual consent. Upon termination, any assets are to be distributed equitably
between the state and the Elko County Recreation Board.

(d) Title to all land acquired and all
improvements constructed on the land is to be vested in the State of Nevada.

3. The reservoir to be formed behind the
dam is designated South Fork Reservoir.

4. The state treasurer shall credit the
interest earned on money paid by the Elko County Recreation Board to the
sinking fund for the redemption of these bonds.

Sec. 4. The legislature
finds and declares that the issuance of bonds pursuant to this act is necessary
for the protection and preservation of the natural resources of this state and
for the purpose of obtaining the benefits thereof, and constitutes an exercise
of the authority conferred by the second paragraph of section 3 of article 9 of
the constitution of the State of Nevada.

Sec. 5. The provisions of
the State Securities Law, contained in NRS 349.150 to 349.362, inclusive, apply
to the issuance of bonds under this act.

Sec. 6. So much of any money
received by this state under the Recreational Boating Safety and Facilities
Improvement Act of 1980 by reason of any increase in federal taxes on fuel
enacted after 1980 as may under federal law be used for that purpose is hereby
appropriated for the payment of interest and principal upon the bonds issued
pursuant to this act.

AN ACT relating to economic development;
providing for the organization, powers and functions of corporations for
economic revitalization and diversification; providing for their regulation;
authorizing certain financial institutions and Nevada corporations to become
members of, lend money to and invest in those corporations; and providing other
matters properly relating thereto.

[Approved May 24, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Title 55 of NRS
is hereby amended by adding thereto a new chapter to consist of the provisions
set forth as sections 2 to 31, inclusive, of this act.

Sec. 2. As used in this
chapter, unless the context otherwise requires, the words and terms defined in
sections 3 to 6, inclusive, have the meanings ascribed to them in those
sections.

Sec. 3. Board of directors
means the board of directors of a corporation created under this chapter.

Sec. 4. Corporation means
a Nevada corporation for economic revitalization and diversification created
under this chapter.

Sec. 6. Loan limit means
the maximum amount permitted to be outstanding for any member at one time on
loans by the member to a corporation as determined under the provisions of this
chapter.

Sec. 7. The superintendent
shall adopt such regulations as may be necessary to carry out the purposes and
provisions of this chapter.

Sec. 8. Five or more
persons, a majority of whom are residents of this state, may create a corporation
for economic revitalization and diversification by filing articles of incorporation
in the office of the secretary of state in accordance with the provisions of
this chapter.

Sec. 9. The articles of
incorporation of the corporation must contain:

1. The name of the corporation, which
must include the words corporation for economic revitalization and
diversification.

2. The location of the principal office
of the corporation, but the corporation may have other offices as the board of
directors deems necessary.

3. The purposes for which the corporation
is founded, which must be to:

(a) Assist, promote, encourage, develop and
advance the economic welfare and diversification of the state in accordance
with the state plan for economic development.

(b) Facilitate and assist in the location of new
business, commerce and industry in the state, and to rehabilitate and
revitalize existing business, commerce and industry;

(c) Stimulate and assist in the expansion of
business activity which will tend to promote business development and
diversification that would result in the economic stability of the state;

(d) Provide new opportunities for employment;

(e) Cooperate and act in conjunction with public
or private organizations and governmental agencies, the objectives of which are
the support and advancement of business, commercial, industrial, agricultural
and recreational activity that would advance the economic welfare of the state,
promote economic diversification, and effectuate any state or local plan for
economic development; and

(f) Furnish money and credit to approved and
deserving applicants who would assist in achieving or carrying out any of the
purposes described in this subsection.

4. The names and post office addresses of
the members of the first board of directors, who, unless otherwise provided by
the articles of incorporation or the bylaws, shall hold office for the first
year of existence of the corporation or until their successors are elected and
have qualified.

5. Any provision which the incorporators
may choose to insert for the regulation of the business and for the conduct of
the affairs of the corporation and any provision creating, dividing, limiting
and regulating the powers of the corporation, the directors, stockholders or any
class of the stockholders, including but not limited to a
list of the officers, and provisions governing the issuance of stock
certificates to replace lost or destroyed certificates, except that no
provision may be included for cumulative voting for directors.

class of the stockholders, including but not limited to a
list of the officers, and provisions governing the issuance of stock
certificates to replace lost or destroyed certificates, except that no
provision may be included for cumulative voting for directors.

6. The amount of authorized capital stock
and the number of shares into which it is divided, the amount of capital with
which the corporation will commence business and, if there is more than one
class of stock, a description of the different classes; the names and addresses
of the preorganization subscribers of stock and the number of shares subscribed
by each.

7. Any provision consistent with the laws
of this state for the regulation of the corporation.

8. A recitation that the corporation is
organized under the provisions of this chapter.

Sec. 10. Before the articles
of incorporation or any amendment to them are filed with the secretary of state
they must be approved by the superintendent.

Sec. 11. The articles of
incorporation of the corporation must be in writing, subscribed by or on behalf
of each of the incorporators and acknowledged by each of the subscribers before
a notary public and filed in the office of the secretary of state for approval.
A duplicate copy so subscribed and acknowledged may also be filed.

Sec. 12. When the articles
of incorporation have been approved by the superintendent and filed in the
office of the secretary of state and approved by the secretary of state, and
all application, licensing and filing fees and taxes prescribed by law have
been paid, the subscribers, their successors and assigns constitute a
corporation, and the corporation is then authorized to commence business, and
stock of the corporation to the extent authorized by this chapter may from time
to time be issued.

Sec. 13. 1. The
articles of incorporation may be amended by the affirmative vote of
stockholders representing not less than two-thirds of the issued and
outstanding stock entitled to vote. No amendment of the articles of
incorporation which is inconsistent with the general purposes expressed in this
chapter or which eliminates or curtails the right of the superintendent of
banks to examine the corporation or the obligation of the corporation to make
reports as provided in section 27 of this act, may be made.

2. The amendment must then be approved by
the superintendent before it is submitted to the secretary of state.

3. Within 30 days after any meeting at
which an amendment of the articles of incorporation has been adopted, articles
of amendment signed and sworn to by the president, treasurer and a majority of
the directors, setting forth the amendment and due adoption of it, must be
submitted to the secretary of state who shall examine them, and if he finds
that they conform to the requirements of this chapter, shall so certify and
endorse his approval on them. Then the articles of amendment must be filed in
the office of the secretary of state, and no amendment may take effect until
the articles of amendment have been filed.

Sec. 14. A corporation for
economic revitalization and diversification shall obtain a license from the
superintendent before conducting any business. The application for the license
must be on a form and be accompanied by a nonrefundable application fee of not
more than $1,000 prescribed by the superintendent.

Sec. 15. 1. The
first meeting of the corporation must be called by a notice signed by three or
more of the incorporators, stating the time, place and purpose of the meeting.
A copy of the notice must be mailed or delivered to each incorporator at least
5 days before the day appointed for the meeting. The first meeting may be held
without notice upon agreement in writing to that effect, signed by all the
incorporators. A copy of the notice or of the unanimous agreement of the
incorporators must be recorded in the minutes of the meeting.

2. At the first meeting, the
incorporators shall elect a temporary clerk, adopt bylaws, elect a board of
directors and take such other action upon matters within the powers of the
corporation as the incorporators may see fit. The temporary clerk must be sworn
and shall make and attest a record of the proceedings.

3. A majority and not less than three of
the incorporators constitutes a quorum for the transaction of business.

Sec. 16. In furtherance of
its purposes and in addition to the powers conferred on business corporations
by law, the corporation may, subject to the restrictions and limitations
contained in this chapter:

1. Elect, appoint and employ officers,
agents and employees, make contracts, including without limitation, contracts
to share personnel and services with other public or private entities for the
purpose of effectuating the state plan for economic development, and may incur
liabilities for any of the purposes of the corporation. The corporation shall
not incur any secondary liability by way of guaranty or endorsement of the
obligations of any natural person, firm, corporation, joint-stock company,
association or trust, or in any other manner, except that the corporation may
guarantee or endorse industrial revenue bonds, individually or in groups,
issued under the laws of this state and the obligations of borrowers.

2. Borrow money and negotiate guarantees
from federal agencies for any of the purposes of the corporation, issue its
bonds, debentures, notes or other evidences of indebtedness, whether secured or
unsecured, and may secure them by mortgage, pledge, deed of trust or other lien
on its property, franchises, rights and privileges of every kind and nature, or
any part of them or interest in them, without securing stockholder approval.

3. Make loans to any natural person,
firm, corporation, joint-stock company, association or trust, and may establish
and regulate the terms and conditions with respect to those loans and the
charges for interest and service connected therewith, except that the
corporation shall not approve any application for a loan unless the person
applying for the loan shows that he has applied for the loan through ordinary
banking channels and that the loan has been refused by at least one bank or
other financial institution.

4. Purchase, receive, hold, lease or
otherwise acquire, and to sell, convey, transfer, lease
or otherwise dispose of real and personal property, together with such rights
and privileges as may be incidental and appurtenant to the property and the use
of it, including but not restricted to any real or personal property acquired
by the corporation from time to time in the satisfaction of debts or
enforcement of obligations.

convey, transfer, lease or otherwise dispose of real and personal
property, together with such rights and privileges as may be incidental and
appurtenant to the property and the use of it, including but not restricted to
any real or personal property acquired by the corporation from time to time in
the satisfaction of debts or enforcement of obligations.

5. Acquire the good will, business,
rights, real and personal property and other assets, or any part of them, or
interest in them, of any natural person, firm, corporation, joint-stock
company, association or trust, and assume, undertake or pay the obligations,
debts and liabilities of that natural person, firm, corporation, joint-stock
company, association or trust; to acquire improved or unimproved real estate
for the purpose of constructing industrial plants or other business
establishments on it or for the purpose of disposing of that real estate to
others for the construction of industrial plants or other business
establishments; and may acquire, construct or reconstruct, alter, repair,
maintain, operate, sell, convey, transfer, lease or otherwise dispose of
industrial plants or business establishments.

6. Acquire, subscribe for, own, hold,
sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock,
shares, bonds, debentures, notes or other securities and evidences of interest
in or indebtedness of any natural person, firm, corporation, joint-stock
company, association or trust, and while the owner or holder thereof may
exercise all the rights, powers and privileges of ownership including the right
to vote thereon.

7. Mortgage, pledge or otherwise encumber
any property, right or thing of value acquired pursuant to the powers contained
in subsections 4, 5 or 6 as security for the payment of any part of the
purchase price of them.

8. Cooperate with and avail itself of the
facilities of the United States Department of Commerce, the Nevada department
of economic development and any other similar state or federal governmental
agencies and may cooperate with and assist, and otherwise encourage
organizations in the various communities of the state in the promotion,
assistance and development of the business prosperity and economic welfare of
those communities or of this state.

9. Do all acts and things necessary or
convenient to carry out the powers expressly granted in this chapter.

Sec. 17. The purposes,
powers and operation of the corporation must be effectuated, exercised and
conducted in a manner consistent with the state plan for economic development.

Sec. 18. The stockholders of
the corporation may:

1. Determine the number of and elect
directors as provided in section 19 of this act.

2. Make, amend and repeal bylaws.

3. Amend its charter as provided in
section 13 of this act.

4. Dissolve the corporation as provided
in section 31 of this act.

5. Exercise such other of the powers of
the corporation consistent with this chapter as may be conferred on the
stockholders by the bylaws.

Sec. 19. 1. The
business and affairs of the corporation must be managed and conducted by a
board of directors, a president, a vice president, a secretary, a treasurer and
such other officers and agents as the corporation by its bylaws may authorize.
The board of directors shall consist of a number not less than 9 nor more than
15 as may be determined in the first instance by the incorporators and after that
annually by the stockholders of the corporation. The director of the department
of commerce and the director of the department of economic development shall
serve ex officio as nonvoting directors, but without any liability as such,
except for gross negligence or willful misconduct.

2. The board of directors may exercise
all the powers of the corporation except those conferred by law or by the
bylaws of the corporation upon the stockholders and shall choose and appoint
all the agents and officers of the corporation and fill all vacancies except
vacancies in the office of director, which must be filled as provided in this
section.

3. The voting directors must be elected
in the first instance by the incorporators and after that at least five directors
must be elected by the members of the corporation and at least two directors
must be elected by the stockholders at the annual meeting. The annual meeting
must be held during the month of January or, if no annual meeting is held in
the year of incorporation, then within 90 days after the approval of the
articles of incorporation at a special meeting as provided in this chapter.

4. The voting directors shall hold office
until the next annual meeting of the corporation or special meeting held in
lieu of the annual meeting after the election and until their successors are
elected and qualified, unless sooner removed in accordance with the provisions
of the bylaws.

5. Any vacancy in the office of a voting
director must be filled by the directors.

6. Directors and officers are not
responsible for losses unless the losses have been occasioned by the willful
misconduct of those directors and officers.

Sec. 20. Any bank, savings
and loan association, thrift company or credit union licensed under Title 55 or
56 of NRS, any insurer licensed under Title 57 of NRS and any Nevada
corporation not licensed under those Titles whose gross assets are more than
$20 million may apply for membership in the corporation. Membership becomes
effective upon the acceptance of the application by the board of directors.

Sec. 21. 1. Each
member shall lend money to the corporation as and when called upon by it to do
so, but the total amount on loan by any member at any one time must not exceed
the limits described in subsections 2 and 3, to be determined as of the time
the financial institution or insurer becomes a member. The amount may
thereafter be readjusted annually if any change in the base of the loan limit
of the member occurs.

(d) Other financial institutions and insurance
companies, and Nevada corporations described in section 20 of this act, as
established by the board of directors.

3. Except as provided in this subsection
the total amount on loan by any member at any one time must not exceed
$250,000. Any member who has a loan limit in excess of $250,000, may elect that
its total amount on loan at any one time to the corporation equal its loan
limit, but in no event may it exceed $500,000.

4. All loan limits must be established at
the thousand dollar figure nearest to the amount computed on an actual basis.

Sec. 22. All calls for money
which members are committed to lend to the corporation must be prorated by the
corporation among the members in the same proportion that the maximum loan
limit of each member bears to the aggregate loan limits of all members of the
corporation.

Sec. 23. Upon 6 months
written notice to the board of directors, a member of the corporation may
withdraw from membership, and, after the date of the withdrawal, the member is
free of obligations under this chapter, except those accrued or committed by
the corporation before the effective date of the withdrawal.

Sec. 24. 1. The
capital stock of the corporation must be 20,000 shares of no par value, which
must be issued for $100 per share in cash. At least 5 percent of the capital stock
of the corporation must be paid into its treasury in cash before it may
transact any business other than such as relates to its organization.

2. At least a majority of the capital
stock of the corporation must at all times be held by residents of the state or
by persons engaged in doing business in Nevada.

3. A financial institution which does not
become a member of a corporation established under this chapter may not acquire
any shares of the capital stock of the corporation.

4. Except as provided in this subsection,
any financial institution which becomes a member of a corporation established
under this chapter may acquire, purchase, hold, sell, assign, transfer,
mortgage, pledge or otherwise dispose of any shares of the capital stock of the
corporation, and while the owner of those shares, may exercise all the rights, powers
and privileges of ownership, including the right to vote thereon, all without
the approval of any regulatory authority of this state. The amount of the
capital stock of the corporation which may be acquired by any member under this
section may not exceed 10 percent of the loan limit of the member. The amount
of capital stock of the corporation which any member may acquire under this
section is in addition to the amount of capital stock in corporations which the
member is otherwise authorized to acquire.

5. The holders of capital stock of the
corporation do not, as such, have any preemptive or preferential right to
purchase or subscribe for any part of the unissued or new issue of capital
stock of the corporation, whether now or hereafter authorized or issued, or to
purchase or subscribe for any bonds or other obligations, whether or not
convertible into stock of the corporation, now or hereafter authorized or
issued.

Sec. 25. 1. The
corporation shall set apart as an earned surplus all of its net earnings in
each year until the earned surplus equals the total of the paid-in capital and
paid-in surplus then outstanding. The earned surplus must be held in cash,
invested in United States government bonds, or as provided in the corporations
bylaws, and be kept and used to meet losses and contingencies of the
corporation and, whenever the amount of earned surplus becomes impaired, it
must be built up again to the required amount in the manner provided for its
original accumulation.

2. At no time may the total obligations
of the corporation exceed ten times the amount of its paid-in capital and
surplus, not including therein the earned surplus, or $50 million, whichever is
greater.

3. The corporation shall not deposit any
of its money in any financial institution unless the financial institution has
been designated as a depository by a vote of the majority of all of the
directors of the corporation, exclusive of any director who is an officer or
director of the depository so designated. The corporation shall not receive
money on deposit. The corporation shall not make any loans directly or
indirectly to any of its officers or to any firms in which any of its officers
is a member or officer.

Sec. 26. 1. Every
corporation organized and engaged in business under the provisions of this
chapter shall pay an annual state license fee of $100.

2. The county and city in which the
corporation maintains a place of business may also levy a license fee which
does not exceed $50.

Sec. 27. 1. The
superintendent of banks shall examine the corporation as often as he deems
necessary.

2. The corporation shall make reports of
its condition at least annually to the superintendent of banks and more
frequently upon the order of the superintendent of banks. The superintendent of
banks shall furnish copies of these reports to the commissioner of insurance,
the commissioner of savings associations and the governor. The corporation
shall also furnish such other information as may from time to time be required
by the superintendent of banks or the secretary of state.

3. The corporation shall pay a reasonable
cost for each hour expended by a state examiner in conducting the examination
and preparing the examination report.

4. The superintendent of banks shall
exercise the same supervisory authority over corporations organized under this
chapter as he now exercises over banks and trust companies chartered by the
state.

Sec. 28. Under no
circumstances may the credit to the state be pledged to any corporation
organized under the provisions of this chapter.

Sec. 29. Any tax exemptions,
tax credits or tax privileges granted to banks, savings and loan associations,
trust companies and other financial institutions by any general laws are
granted to corporations organized pursuant to this chapter.

Sec. 30. Any corporation
organized under the provisions of this chapter is a state development company,
as defined in the Small Business Investment Act of 1958, Public Law 85699,
85th Congress, or any other similar federal legislation, and may operate on a
statewide basis.

Sec. 31. A corporation may
dissolve upon the affirmative vote of stockholders representing not less than
two-thirds of the issued and outstanding stock.

Sec. 32. NRS 662.099 is
hereby amended to read as follows:

662.099 A state bank may purchase for its
own account the [shares]capital stock and other securities of [a]:

1. A development
corporation organized under the provisions of chapter 670 of NRS ; and

2. A corporation
for economic revitalization and diversification organized under the provisions
of sections 2 to 31, inclusive, of this act, if the bank is a member of the
corporation, and to the extent of its loan limit established under section 21
of this act,

on the same terms and under the same conditions as a
national bank may purchase them.

Sec. 33. Chapter 670 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

Any corporation organized under
the provisions of this chapter may exercise the powers of a corporation for
economic revitalization and diversification organized under the provisions of
sections 2 to 31, inclusive, of this act, if the corporation amends its articles
of incorporation to include the purposes of a corporation for economic
revitalization and diversification and effectuates those purposes, exercises
those powers and conducts its operation in a manner consistent with the state
plan for economic development.

Sec. 34. NRS 673.276 is
hereby amended to read as follows:

673.276 An association may invest in:

1. Without limit, obligations of, or
obligations guaranteed as to principal and interest by, the United States or
any state.

2. Obligations of the United States
Postal Service, whether or not guaranteed as to principal and interest by the
United States.

3. Stock of a federal home-loan bank of
which the association is eligible to be a member.

4. Any obligations or consolidated
obligations of any federal home-loan bank or banks.

5. Stock or obligations of the Federal
Savings and Loan Insurance Corporation.

6. Stock or obligations of a national
mortgage association or any successor or successors
thereto, including the Federal National Mortgage Association.

successor or successors thereto, including the Federal
National Mortgage Association.

7. Demand, time or savings deposits with
any bank or trust company whose deposits are insured by the Federal Deposit
Insurance Corporation.

8. Stock or obligations of any
corporation or agency of the United States or any state, or in deposits
therewith to the extent that such a corporation or agency assists in furthering
or facilitating the associations purposes or powers.

9. Savings accounts of any insured
association licensed by the state and of any federal savings and loan
association, but each investment in any other savings and loan association must
be fully insured by the Federal Savings and Loan Insurance Corporation.

10. Bonds, notes or other evidences of
indebtedness which are general obligations of any city, town, county, school
district or other municipal corporation or political subdivision of any state.

11. [Shares]Capital stock and other securities of [a]:

(a) A state
development corporation organized under the provisions of chapter 670 of NRS.

(b) A corporation for
economic revitalization and diversification organized under the provisions of
sections 2 to 31, inclusive, of this act, if the association is a member of the
corporation, and to the extent of its loan limit established under section 21
of this act.

12. Any other investment at the discretion
of the associations directors, if after the investment is made, the
associations accounts remain insurable by the Federal Savings and Loan
Insurance Corporation.

Sec. 35. NRS 678.760 is
hereby amended to read as follows:

678.760 Funds not used in loans to
members may be invested in:

1. Securities, obligations,
participations or other instruments of or issued by or fully guaranteed as to
principal and interest by the United States of America or any agency thereof or
in any trust or trusts established for investing directly or collectively in
these instruments;

2. Obligations of this state or any
political subdivision thereof;

3. Certificates of deposit or passbook
type accounts issued by a state or national bank, mutual savings bank or savings
and loan association;

4. Loans to or shares or deposits of
other credit unions as permitted by the bylaws;

5. Capital shares, obligations or
preferred stock issues of any agency or association organized either as a stock
company, mutual association or membership corporation if the membership or
stockholdings, as the case may be, of the agency or association are confined or
restricted to credit unions or organizations of credit unions, and the purposes
for which the agency or association is organized are designed to service or
otherwise assist credit union operations;

6. Shares of a cooperative society
organized under the laws of this state or the United States in a total amount
not exceeding 10 percent of the shares, deposits and surplus of the credit
union;

7. Capital stock
and other securities of a corporation for economic revitalization and
diversification organized under the provisions of sections 2 to 31, inclusive,
of this act, if the credit union is a member of the corporation, and to the
extent of its loan limit established under section 21 of this act.

8. Stocks
and bonds of United States corporations to a maximum of 5 percent of members
shares, except that such an investment must be limited to stocks or bonds
yielding income which are approved by the commissioner; and

[8.]9. Loans to any credit union association,
national or state, of which the credit union is a member, except that such an
investment must be limited to 1 percent of the shares, capital deposits and
unimpaired surplus of the credit union.

Sec. 36. NRS 682A.080 is
hereby amended to read as follows:

682A.080 1. An insurer may
invest any of its funds in obligations other than those eligible for investment
under NRS 682A.230 (real property mortgages), if they are issued, assumed or
guaranteed by any solvent institution created or existing under the laws of the
United States of America, Canada or Mexico, or of any state, district, province
or territory thereof, and are qualified under any of the following:

(a) Obligations which are secured by adequate
collateral security and bear fixed interest if during each of any 3, including
the last 2, of the 5 fiscal years next preceding the date of acquisition by the
insurer, the net earnings of the issuing, assuming or guaranteeing institution
available for its fixed charges, as defined in NRS 682A.090, have been not less
than 1 1/2 times the total of its fixed charges for such year. In determining
the adequacy of collateral security not more than one-third of the total value
of such required collateral [shall]may consist of stock other than stock meeting the
requirements of NRS 682A.100 (preferred or guaranteed stock).

(b) Fixed interest-bearing obligations, other
than those described in paragraph (a), if the net earnings of the issuing,
assuming or guaranteeing institution available for its fixed charges for a
period of 5 fiscal years next preceding the date of acquisition by the insurer
have averaged per year not less than 1 1/2 times its average annual fixed
charges applicable to such period and if during the last year of such period
such net earnings have been not less than 1 1/2 times its fixed charges for
such year.

(c) Adjustment, income or other contingent
interest obligations if the net earnings of the issuing, assuming or
guaranteeing institution available for its fixed charges for a period of 5
fiscal years next preceding the date of acquisition by the insurer have averaged
per year not less than 1 1/2 times the sum of its average annual fixed charges
and its average annual maximum contingent interest applicable to such period
and if during each of the last 2 years of such period such net earnings have
not been less than 1 1/2 times the sum of its fixed charges and maximum contingent
interest for such year.

(1) A state
development corporation organized under the provisions of chapter 670 of NRS.

(2) A corporation
for economic revitalization and diversification organized under the provisions
of sections 2 to 31, inclusive, of this act, if the insurer is a member of the
corporation, and to the extent of its loan limit established under section 21
of this act.

2. No insurer [shall]may invest in any such bonds or evidences of
indebtedness in excess of 10 percent of any issue of such bonds or evidences of
indebtedness or, subject to subsection 1 of NRS 682A.050 (diversification),
more than an amount equal to 10 percent of the insurers admitted assets in any
issue.

Sec. 37. Section 34 of this
act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 481, AB 623

Assembly Bill No.
623Committee on Government Affairs

CHAPTER 481

AN ACT relating to general improvement
districts; permitting the board of county commissioners to designate the
districts name and authorizing certain uses of the name; modifying the powers
of the board of trustees concerning certain contracts; and providing other
matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 318.080 is
hereby amended to read as follows:

318.080 1. After adopting an
ordinance creating a district and before appointing the first board of trustees
for the district, the board of county commissioners is, ex officio, the board
of trustees for the district.

2. While acting as the board of trustees,
the board of county commissioners shall establish:

(a) Accounting practices and procedures for the
district;

(b) Auditing practices and procedures to be used
by the district;

(c) A budget for the district; and

(d) Management standards for the district.

3. Except as provided in NRS 318.0953 [,]and section 5
of this act, after the board of county commissioners has performed the
duties required by subsection 2, it shall appoint five persons to serve as the
first board of trustees of the district and shall specify therein the terms of
office to the 1st Monday in January next following the respective election
dates provided in NRS 318.095. Except as provided in subsection 5, these
persons [shall]must be qualified electors of the district.

4. The members of the board of trustees
shall qualify by filing with the county clerk their oaths of office and
corporate surety bonds, at the expense of the district, the bonds to be in an
amount not more than $10,000 each, the form and exact amount thereof to be
approved and determined, respectively, by the board of
county commissioners, conditioned for the faithful performance of their duties
as trustees.

and determined, respectively, by the board of county
commissioners, conditioned for the faithful performance of their duties as
trustees. The board of county commissioners may from time to time, upon good
cause shown, increase or decrease the amount of the bond.

5. The board of county commissioners may
appoint as one of the five initial trustees as provided by subsection 1 the
district attorney for the county or a deputy district attorney on his staff.
Such appointee need not be a qualified elector of the district, but no such
attorney is qualified for appointment to fill any vacancy on the board pursuant
to NRS 318.090 or qualified as a candidate for election to the board at any
biennial election pursuant to NRS 318.095 unless he is a qualified elector of
the district.

6. The board of county commissioners of
the county vested with jurisdiction pursuant to NRS 318.050 may remove any
trustee serving on an appointed or elected board of trustees for cause shown,
on petition, hearing and notice thereof by publication and by mail addressed to
the trustee.

Sec. 2. NRS 318.0953 is
hereby amended to read as follows:

318.0953 1. In every county
having a population of 250,000 or more, notwithstanding the provisions of NRS
318.080 to 318.0952, inclusive, the board of county commissioners [shall be,]is,
and in counties with a population of less than 250,000 the board of county
commissioners may be, ex officio, the board of trustees of each district
organized or reorganized pursuant to this chapter and [being]
authorized to exercise the basic power of furnishing sanitary sewer facilities
as provided in NRS 318.140, regardless of whether the district is also
authorized to furnish storm drainage facilities, but excluding any district
which is authorized, in addition to those basic powers, to exercise any one or
more other basic powers designated in this chapter, except as provided in
subsections 2 and 3.

2. The board of county commissioners of
any county may be, at its option, ex officio, the board of trustees of any
district organized or reorganized pursuant to this chapter and [being] authorized to exercise the basic
power of furnishing water facilities as provided in NRS 318.144, or, furnishing
both water facilities and sanitary sewer facilities as provided in NRS 318.144
and 318.140, respectively, regardless of whether the district is also
authorized to furnish storm drainage facilities, but excluding any district
which:

(a) Is authorized, in addition to its basic
powers, to exercise any one or more other basic powers designated in this
chapter.

(b) Is organized or reorganized pursuant to this
chapter the boundaries of which include all or a portion of any incorporated
city or all or a portion of a water district created by special law.

3. A board of county commissioners may
exercise the options provided in subsections 1 and 2 by providing in the
ordinance creating the district or in an ordinance thereafter adopted at any time
that the board is, ex officio, the board of trustees of the district. The board
of county commissioners shall, in the former case, be the board of trustees of
the district when the ordinance creating the district becomes effective, or in
the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the
creation of the district.

after the effective date of the ordinance adopted after the
creation of the district. In the latter case promptly within the 30-day period
the county clerk shall cause a copy of the ordinance to be:

(a) Filed in his office;

(b) Transmitted to the secretary of the
district; and

(c) Filed in the office of the secretary of
state without the payment of any fee and otherwise in the same manner as
articles of incorporation are required to be filed under chapter 78 of NRS.

[4. When
the board of trustees of any district is so constituted, the following special
provisions apply and supersede the corresponding provisions of NRS 318.080 to
318.0952, inclusive:

(a) The members need not
file the oath of office or bond required by NRS 318.080.

(b) The members of the
board of county commissioners may receive no additional compensation as
trustees of the district.

(c) The chairman of the
board of county commissioners may be chairman of the board of trustees and
president of the district, or the board of county commissioners may, at its
first meeting in January of each year, designate another of its members to
serve as chairman of the board of trustees and president of the district for a
term of 1 year.

(d) The vice chairman of
the board of county commissioners may be vice chairman of the board of trustees
and vice president of the district, or the board of county commissioners may,
at its first meeting in January of each year, designate another of its members
to serve as vice chairman of the board of trustees and vice president of the
district for a term of 1 year.

(e) The secretary and
treasurer of the district shall not be members of the board of county
commissioners. The board may designate the county clerk and county treasurer,
respectively, to act ex officio as secretary and treasurer, or it may designate
some other person to fill either or both of those offices. No additional bond
may be required of the county treasurer as ex officio district treasurer nor of
any other county officer appropriately bonded as ex officio a district officer.

(f) No member of the board
of county commissioners may be removed from the office of trustee under NRS
318.080, but any member is automatically removed from that office upon his
removal from the office of county commissioner in the manner provided by law.

(g) The regular place of
meeting of the board need not be within the corporate limits of the district
but must be within the corporate limits of the county and be the regular
meeting place of the board of county commissioners unless the board otherwise
provides by resolution.

(h) The times of regular
meetings of the board must be the same as the times of the regular meetings of
the board of county commissioners unless the board otherwise provides by
resolution.

(i) Special meetings may
be held on notice to each member of the board as often as, and at such place or
places within the county as, the board may determine, unless it otherwise
provides by resolution.

(j) The office or
principal place of the district need not be located within the corporate limits
of the district and must be the office of the county clerk unless the board
otherwise provides by resolution.]

318.0954 1. The governing
body of any district organized or reorganized under and operating as provided
in any chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, [shall]must
be designated a board of trustees and shall reorganize as provided in this
section so that after the transitional period the board [shall
consist]consists of five qualified
electors from time to time chosen as provided in NRS 318.095 and other
provisions of this chapter supplemental thereto.

2. No existing member of any such
governing body [shall]may be required to resign from the board before the
termination of his current term of office in the absence of any
disqualification as a member of the governing body under such chapter in Title
25 of NRS, excluding chapters 309, 315 and 318 of NRS. If a regular term of office
of any member of any such governing body would terminate on other than the 1st
Monday of January next following a biennial election in the absence of the
adoption of this law, [such term shall]the term must be extended to and terminate on the
1st Monday in January next following a biennial election and following [such]the
date on which [such]the term would have ended.

3. If the members of any such governing
body at any time number less than five, the number of trustees [shall]must
be increased to five by appointment, or by both appointment and election, as
provided in NRS 318.090, 318.095 and 318.0951.

4. In no event [shall]may any successor trustee be elected or appointed
to fill any purported vacancy in any unexpired term or in any regular term
which successor will increase the trustees on a board to a number exceeding
five nor which will result in less than two regular terms of office or more
than three regular terms of office ending on the 1st Monday in January next
following any biennial election.

5. Nothing in this section [shall:

(a) Prevent]:

(a) Prevents the
reorganization of a board by division of the district into district trustee
election districts pursuant to NRS 318.0952.

(b) [Supersede]Supersedes the provisions of NRS 318.0953 [.]or section 5
of this act.

Sec. 4. NRS 318.140 is
hereby amended to read as follows:

318.140 In the case of a district created
wholly or in part for acquiring sanitary sewer improvements, the board may:

1. Construct, reconstruct, improve [, extend or better]or extend the sanitary sewer system or any part
thereof, including, without limiting the generality of the foregoing, mains,
laterals, wyes, tees, meters and collection, treatment and disposal plants.

2. Sell any product or byproduct thereof
and acquire the appropriate outlets within or without the district and extend
the sewerlines of the district thereto.

3. Enter into and
perform, without any election, contracts or agreements for a term not to exceed
50 years with any person or a public agency, to provide the services, equipment
or supplies necessary or appropriate to conduct tests of the discharge of
pollutants into the states water and to report
the results of those tests as required by chapter 445 of NRS or the regulations
adopted thereunder.

states water and to report the
results of those tests as required by chapter 445 of NRS or the regulations
adopted thereunder.

For the purposes of this section, the
term public agency has the meaning ascribed to it in NRS 277.100.

Sec. 5. Chapter 318 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

1. When the board
of trustees of any district is constituted pursuant to NRS 318.0953, the
following special provisions apply and supersede the corresponding provisions
of NRS 318.080 to 318.09525, inclusive, 318.0954 and 318.0955:

(a) The members need not
file the oath of office or bond required by NRS 318.080.

(b) The members of the
board of county commissioners may receive no additional compensation as
trustees of the district.

(c) The chairman of the
board of county commissioners may be chairman of the board of trustees and president
of the district, or the board of county commissioners may, at its first meeting
in January of each year, designate another of its members to serve as chairman
of the board of trustees and president of the district for a term of 1 year.

(d) The vice chairman of
the board of county commissioners may be vice chairman of the board of trustees
and vice president of the district, or the board of county commissioners may,
at its first meeting in January of each year, designate another of its members
to serve as vice chairman of the board of trustees and vice president of the
district for a term of 1 year.

(e) The secretary and
treasurer of the district shall not be members of the board of county
commissioners. The board may designate the county clerk and county treasurer,
respectively, to act ex officio as secretary and treasurer, or it may designate
some other person to fill either or both of those offices. No additional bond
may be required of the county treasurer as ex officio district treasurer nor of
any other county officer appropriately bonded as ex officio a district officer.

(f) The secretary and
treasurer shall perform the duties prescribed in subsections 3 and 4 of NRS
318.085.

(g) No member of the
board of county commissioners may be removed from the office of trustee under
NRS 318.080, but any member is automatically removed from that office upon his
removal from the office of county commissioner in the manner provided by law.

(h) The regular place of
meeting of the board need not be within the corporate limits of the district
but must be within the corporate limits of the county and be the regular
meeting place of the board of county commissioners unless the board otherwise
provides by resolution.

(i) The times of regular
meetings of the board must be the same as the times of the regular meetings of
the board of county commissioners unless the board otherwise provides by
resolution.

(j) Special meetings may
be held on notice to each member of the board as often as, and at such place or
places within the county as, the board may determine, unless it otherwise
provides by resolution.

(k) The office or
principal place of the district need not be located within the corporate limits of the district and must be the
office of the county clerk unless the board otherwise provides by resolution.

within the corporate limits of the
district and must be the office of the county clerk unless the board otherwise
provides by resolution.

2. Each board of
county commissioners may, by resolution, designate the districts name which
may be used for all purposes including contracts, lawsuits or in the
performance of its duties or exercises of its functions.

3. The board may
enter into contracts extending beyond the terms of each member then serving on
the board if the contract is entered into in the manner provided for a board of
county commissioners in NRS 244.320.

________

CHAPTER 482, SB 412

Senate Bill No.
412Committee on Government Affairs

CHAPTER 482

AN ACT relating to elections; providing
for voting for President and Vice President by new residents; prescribing a
fee; making certain technical changes to the election laws; and providing other
matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 293.185 is
hereby amended to read as follows:

293.185 The declaration of candidacy, the
certificate of candidacy and the acceptance of candidacy [shall]must be
filed during regular office hours, as follows:

1. For United States Senator,
Representative in Congress, state offices, state senators and assemblymen to be
elected from districts comprising more than one county, and all other offices
whose districts comprise more than one county, with the secretary of state.

2. For Representative
in Congress and district offices voted for wholly within one county,
state senators and assemblymen to be elected from districts comprising but one
or part of one county, county and township officers, with the county clerk.

Sec. 2. NRS 293.303 is
hereby amended to read as follows:

293.303 1. A person applying
to vote may be challenged orally by any registered voter of the precinct or district
upon the ground that he is not the person entitled to vote as claimed, or has
voted before on the same day, or on any other ground provided for in this
Title.

2. If a person is challenged orally, the
election board shall tender him the following oath or affirmation: Do you
swear (or affirm) that you are the person whose name is on the affidavit of
registration in this precinct register?

3. If such a person
refuses to take the oath so tendered, or if any person is otherwise
successfully challenged, [such person shall]the person must not be issued a ballot, and the
officer in charge of the election board register shall write the words
Challenged ......................

...................... on the back of [such]the persons
affidavit of registration.

4. The election board officers shall
record the success of the challenge on the challenge list, and the election
board officer in charge of the checklist shall indicate next to the name of the
challenged person that [such person]he was challenged successfully.

5. When a challenge is unsuccessful, the
challenged person [shall]must be issued a ballot and [shall
be] allowed to vote. The election board officers shall record the
unsuccessful challenge on the challenge list.

6. In all cases of challenge the decision
rests with the election board by majority vote.

7. The election board officers may test
the qualifications of the challenged person by asking any relevant question
which such officers consider necessary to arrive at a decision.

8. Answers [shall]must be given under oath and compared with the
statements on the questioned persons affidavit of registration.

9. The election board officers may refuse
to allow a challenged person to vote without further proceedings unless he [brings]:

(a) Brings registered
voters of the county to be examined under oath as to the qualifications of the
challenged person [.]; and

(b) If a challenge to his
residency is made, produces official identification as proof of his residence,
such as his drivers license or other official document.

10. When the affidavit of registration of
a person applying to vote has an affidavit of challenge attached, the officer
in charge of the election board register shall cause [such]the challenge to be executed before all the election
board officers in the same manner as if [such]the person were challenged orally at the polling
place. After such execution, the election board shall proceed to decide in the
manner provided in this section for oral challenges.

Sec. 3. NRS 293.327 is
hereby amended to read as follows:

293.327 1. If
[the]a request
for an absent ballot is made by a registered voter in person, the county clerk
shall issue an absent ballot to the registered voter, and [such]the ballot
[shall]must
be voted on the premises of [such]the clerks office and returned to the clerk.

The clerk shall follow the same procedure as in the
case of absent ballots received by mail.

2. Each county
clerk shall provide a voting booth, with suitable equipment for voting, on the
premises of his office for use by registered voters who are issued absent
ballots in accordance with this section.

Sec. 4. NRS 293.403 is
hereby amended to read as follows:

293.403 1. After the canvass
of the vote in any election, any candidate defeated at the election may demand
and receive a recount of the vote for the office for which he is a candidate if
within 5 days after the certification of the abstract of votes:

(a) He makes his demand to the officer with whom
he filed his declaration or acceptance of candidacy, either the secretary of
state or the county clerk; and

(b) He deposits in advance the estimated costs
of the recount with the county clerk or secretary of state. The estimated costs
of the recount [shall]must be determined by the county clerk or secretary of
state based on regulations [promulgated]adopted by the secretary of state defining the term
costs.

2. As used in this section, canvass
means:

(a) In any primary election, the canvass by the
board of county commissioners of the returns for a candidate voted for in one
county or the canvass by the board of county commissioners last completing its
canvass of the returns for a candidate voted for in more than one county.

(b) In any general election [, the]:

(1) The canvass
[of]by the
supreme court [.]of the returns for a candidate for a statewide office; or

(2) The canvass of
the board of county commissioners of the returns for any other candidate, as
provided in paragraph (a).

Sec. 5. NRS 293.517 is
hereby amended to read as follows:

293.517 1. Any elector
residing within the county may register by appearing before the county clerk or
deputy registrar, completing the affidavit of registration, and giving true and
satisfactory answers to all questions relevant to such electors right to vote.
The county clerk may require a person to submit official
identification as proof of residence, such as a drivers license or other
official document, before registering him.

2. The affidavit of registration [shall]must be
signed and verified by the elector registering.

3. Each [female]
elector who is or has been married [shall]must be registered under [her]his own given or first name, and not under the
given or first name or initials of [her husband.]his spouse.

4. Any elector who changes his [or her] name by marriage, or otherwise, [shall not be]is
not eligible to vote unless he [or she]
reregisters. If any such change of name occurs after the close of registration,
the elector may vote at the ensuing election upon satisfactory proof of
registration and subsequent change of name.

Sec. 6. Chapter 293B of NRS
is hereby amended by adding thereto a new section which shall read as follows:

1. The ballot
cards to be used in a punchcard voting system must have two detachable stubs.
Each of the stubs attached to a particular ballot card must bear the number of
that card.

2. One of the
stubs must be detached and given to the voter when he returns his voted ballot,
and the other stub must be retained by the election board.

Sec. 7. NRS 298.109 is
hereby amended to read as follows:

298.109 1. A person who
desires to be an independent candidate for the office of President of the
United States must, not later than 5 p.m. on September 1 in each year in which
a presidential election is to be held, pay a filing fee
of $250 and file with the secretary of state a certificate of candidacy,
in which he may also designate his nominee for Vice President. If September 1
falls on a Saturday, Sunday or legal holiday, the
certificate must be filed not later than 5 p.m.

holiday, the certificate must be filed not later than 5 p.m.
on the preceding Friday or business day. The certificate must be signed by the
candidate for President, his nominee for Vice President if designated, and by a
number of registered voters equal to not less than 5 percent of the [entire]total number
of votes cast at the last preceding general election for candidates for Representative in Congress, declaring
that they support the candidacy of the designated candidate for President, and
his nominee for Vice President if one is designated in the certificate, and
requesting that the names of the proposed candidates be placed on the ballot at
the general election that year.

2. The certificate may consist of more
than one document and each person signing shall add to his signature the
address of the place at which he then resides and the name of the county
wherein he is registered to vote. Each certificate must also contain the
affirmation of at least one of the signers that all signatures thereon are
genuine to the best of his knowledge and belief.

3. Each independent candidate so
nominated for the office of President shall at the time of filing his
certificate as provided in subsection 1, or within 10 days thereafter, file
with the secretary of state his written designation of the names of the number
of presidential electors then authorized by law, whom the independent candidate
desires to act as his electors, all of whom must then be registered voters.
Immediately following receipt of each candidates written designation of his
nominees for electors, the secretary of state shall record them in his office
as the nominees for presidential electors of that independent candidate.

Sec. 8. NRS 298.250 is
hereby amended to read as follows:

298.250 1. If a former
resident of the State of Nevada otherwise qualified to vote in another state in
any election for President and Vice President has commenced his residence in [such]the other state
after the 30th day next preceding [such]that election and for this reason does not
satisfy the requirements for registration in [such]the other state, he may vote for President and
Vice President only in [such]that election : [either:]

(a) In person in the county of the State of
Nevada which was his former residence, if he is otherwise qualified to vote
there; or

(b) By absent ballot in the county of the State
of Nevada which was his former residence, if he is otherwise qualified to vote
there and complies with the applicable requirements of NRS 293.310 to 293.340,
inclusive.

2. If a new
resident of the State of Nevada otherwise qualified to vote in another state in
any election for President and Vice President has commenced his residence in
this state after the 30th day next preceding that election and for this reason
does not satisfy the requirements for registration in this state, he may vote
for President and Vice President in this state.

3. The
secretary of state [shall,]may, in a manner consistent with the election laws of
this state, [prescribe such details concerning
the category of absent voter specified in
subsection 1 limited solely to voting for President and Vice President] adopt
such regulations as may be necessary to effectuate the purposes of this
section.

category of absent voter specified in
subsection 1 limited solely to voting for President and Vice President]adopt such regulations as may be necessary to
effectuate the purposes of this section.

________

CHAPTER 483, AB 254

Assembly Bill No.
254Committee on Labor and Management

CHAPTER 483

AN ACT relating to industrial insurance;
making assorted changes in the law relating thereto; and providing other
matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 616 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

1. No provider of
health care who accepts a patient as a referral for the treatment of an
industrial injury or an occupational disease may charge the patient for the
approved treatment, but must charge the insurer.

2. The insurer is
liable for all charges for approved services if the charges do not exceed:

(a) The fees established
in accordance with NRS 616.412 or the usual fee charged by that person or
institution, whichever is less; and

(b) The charges provided
for by the contract between the provider of health care and the insurer.

3. If a provider
of health care or an insurer violates the provisions of this section, the
administrator may impose an administrative fine not to exceed $250 for each
violation.

Sec. 2. NRS 616.045 is
hereby amended to read as follows:

616.045 Compensation means the money [allowance]which
is payable to an employee or to his dependents as provided for in this chapter,
and includes [funeral] benefits for funerals, [and]
accident benefits [.]and money for rehabilitative services.

Sec. 3. NRS 616.073 is
hereby amended to read as follows:

616.073 Volunteer officers attached to the Nevada highway patrol or a regularly organized and
recognized police department, metropolitan police department or sheriffs unit,
while engaged in their duties as such in any voluntary community service and
while acting under the direction of the chief of the
Nevada highway patrol or a sheriff or chief of police, or their deputies
or assistants, of any county, metropolitan police department, city or town in
the protection of life or property shall be deemed, for the purpose of this
chapter, employees of the Nevada highway patrol or the
city, town, metropolitan police department or county so recognizing them, at
the wage of $900 per month, and are entitled to the benefits of this chapter
upon [such]compliance
therewith by the Nevada highway patrol or the county, metropolitan
police department, city or [towns complying
therewith.]town.

1. Engaged in
vending, selling, offering for sale or delivering directly to the public any
newspaper, magazine or periodical pursuant to an agreement or contract with the
publisher or distributor thereof ; [, acting]

2. Acting under
the control of [such]the publisher or distributor ; and
[receiving]

3. Receiving a
wage, commission or other compensation based upon his sales of [such]the newspaper,
magazine or periodical ,

shall be deemed, for the purposes of this chapter , [only,]to be an employee of [such]the publisher or distributor and to be receiving a wage of $50 per month [, and shall be]or
his actual remuneration, whichever is greater, and is entitled to the
benefits of this chapter.

Sec. 4.5. NRS 616.086 is
hereby amended to read as follows:

616.086 Any person who is an apprentice
shall be deemed an employee who is receiving a wage of $150 per month for the
purposes of this chapter [, and is]. Any injury to the apprentice which occurs in the
course of instruction required as a part of his apprenticeship shall be deemed
to have occurred in the course of his employment and he is therefore entitled
to the benefits of this chapter, if he is not employed elsewhere [,] and he is:

1. Attending a class for vocational
training; or

2. Receiving bona fide instruction as an
apprentice,

under the direction of an apprenticeship committee
registered with the state apprenticeship council.

Sec. 5. NRS 616.190 is
hereby amended to read as follows:

616.190 1. The administrator
shall annually request the Nevada State Medical Association and the
Chiropractic Association of Nevada, respectively, to select and establish two
panels. The members of each panel must included two orthopedic surgeons, two neurosurgeons,
two surgeons whose practice is not limited to any specialty, two psychiatrists,
an internist, a family practitioner, another physician and two chiropractors
who are in good professional standing and who have displayed an active interest
in the advancement of their profession. If the Nevada State Medical Association
or the Chiropractic Association of Nevada is dissolved, the administrator [and the commissioner] shall [jointly] appoint the members from that
profession after consulting the state health officer. When an injured employee
is referred to the panel, the [chairman of the
panel,]insurer, after reviewing
all pertinent medical records, shall select two members of the panel whose specialties
are related most directly to the problem presented, and a third member from the
remaining members of the panel . [members.]
The three members selected are the medical review board for that case. This
board may seek further consultation and advice from any physician or
chiropractor of its choice. A board must be selected from the members of the panel [members]
for each claimant referred. Members of a panel may be reappointed from year to
year, with the respective approval of the Nevada State Medical Association and
the Chiropractic Association of Nevada so long as each
respective organization exists.

3. One of the lists referred to in
subsection 1 must be composed of licensed physicians and chiropractors
practicing in the first medical board district and the other list must be
composed of physicians and chiropractors practicing in the second medical board
district.

4. The jurisdiction of the medical boards
is concurrent and limited solely to the consideration and determination of
medical questions and the extent of disability of injured employees referred by
the insurer. Such a board shall not consider or determine legal questions such
as whether the injury arose out of and in the course of employment. The
findings of the medical boards or a majority of the members of each board are
final and binding on the insurer.

5. Each member of the medical boards is
entitled to receive his usual medical fee for each referred case, which
represents compensation for the initial review of medical records, the
examination and the preparation of the report. Each report must be signed by
all members of the medical review board appointed for that case.

6. Each member of the medical boards is
entitled to reasonable and necessary traveling expenses incurred while actually
engaged in the performance of his duties.

Sec. 6. NRS 616.235 is
hereby amended to read as follows:

616.235 1. Each officer who
serves a subpena is entitled to receive the same fees as a sheriff.

2. Each witness who appears , in obedience to a subpena which
has been issued pursuant to this chapter, before an appeals officer, a
hearing officer, the administrator or the manager is entitled to receive for
his attendance the fees and mileage provided for witnesses in civil cases in
courts of record.

3. [Claims
for witnesses fees must be audited and paid from the state treasury in the
same manner as other expenses are audited and paid upon the presentation of
proper vouchers approved by an appeals officer, a hearing officer, the
administrator or the manager.

4. A witness
subpenaed at the instance of a party other than an appeals officer, a hearing
officer, the administrator or the manager is not entitled to compensation from
the state treasury unless an appeals officer, a hearing officer, the
administrator or the manager certifies that his testimony was material to the
matter investigated.]The appeals officer,
hearing officer, administrator or manager shall:

(a) Authorize payment
from his administrative budget of the fees and mileage due to such a witness;
or

(b) Impose those costs
upon the party at whose instance the witness was subpenaed or, for good cause
shown, upon any other party.

616.2533 1. The state
industrial attorney shall establish an office in Carson City [,]or Reno, Nevada,
and an office in Las Vegas, Nevada.

2. The state industrial attorney shall
prepare and submit a budget for the maintenance and operation of his office in
the same manner as other state agencies. The budget division of the department
of administration shall administer the budget of the state industrial attorney.

Sec. 8. NRS 616.412 is
hereby amended to read as follows:

616.412 1. All fees and
charges for accident benefits are subject to regulation by the department and
must not:

(a) Exceed such fees and charges as prevail in
the same community for similar treatment of injured persons of like standard of
living.

(b) Be unfairly discriminated as between persons
legally qualified to provide the particular service for which the fees or
charges are asked.

2. Any fee
schedule adopted pursuant to this section must not establish maximum fees and
charges which are less than the statistical mode of the fees and charges billed
in the same community for similar treatment of injured persons in similar
facilities. The schedule must be revised at least annually.

3. The
department may adopt reasonable regulations necessary to carry out the
provisions of this section.

4. For the
purposes of this section:

(a) Clark County comprises
one community;

(b) Washoe and Douglas
counties and Carson City comprise one community; and

(c) Together, the
remaining counties in the state comprise one community.

Sec. 9. NRS 616.5412 is
hereby amended to read as follows:

616.5412 1. Any
person who is subject to the jurisdiction of the hearing officers under this
chapter or chapter 617 of NRS may request a hearing before a hearing officer of
any matter within his authority. The insurer shall provide , without cost, the forms necessary to request a
hearing to any person who requests them . [without cost.]

2. A person who is
aggrieved by a decision of an insurer may appeal from the decision by filing a
request for a hearing before a hearing officer. Such a request must be filed
within 30 days after the date on which the notice of its decision was mailed by
the insurer.

Sec. 10. NRS 616.545 is
hereby amended to read as follows:

616.545 1. If a change of
circumstances warrants an increase or rearrangement of compensation during the
life of an injured workman, application may be made therefor. The application
must be in writing and accompanied by the
certificate of a physician, or a chiropractor if the change in circumstances
reasonably indicates treatment that is within the lawful scope of chiropractic,
showing a change of circumstances which would warrant an increase or
rearrangement of compensation. No increase or rearrangement is effective before
the application is made unless good cause is shown. The insurer shall, upon
good cause shown, allow the cost of emergency treatment the necessity for which
has been certified by a physician or a chiropractor.

2. After a claim has been closed, the
insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation
only. The application must be accompanied by a written request for treatment
from the claimants physician or chiropractor, certifying that the treatment is
indicated by a change in circumstances and is related to the industrial injury
sustained by the claimant.

Sec. 10.5. NRS 616.585 is
hereby amended to read as follows:

616.585 Every employee in the employ of
an employer, within the provisions of this chapter, who [shall
be]is injured by accident arising
out of and in the course of employment, or his dependents [as defined in this chapter, shall be], is entitled to receive the following compensation for
temporary total disability:

1. During the period of temporary total
disability, 66 2/3 percent of the average monthly wage.

2. Any increase in compensation and
benefits effected by the amendment of subsection 1 [shall
not be]is not retroactive.

3. For purposes of benefits for a temporary total disability [benefits] under this section, the period
of temporary total disability [shall cease]ceases when any [competent
medical authority determines such]physician
or chiropractor determines that the employee is capable of any gainful
employment.

Sec. 11. NRS 616.605 is
hereby amended to read as follows:

616.605 1. Every employee,
in the employ of an employer within the provisions of this chapter, who is
injured by an accident arising out of and in the course of employment is
entitled to receive the compensation provided for permanent partial disability.
As used in this section disability and impairment of the whole man are
equivalent terms.

2. The insurer shall select a physician
from a [panel of]group of rating physicians designated by the
administrator, to determine the percentage of disability in accordance with the
American Medical Association publication, Guides to the Evaluation of Permanent
Impairment, as it exists on the date most recently specified by regulation of
the department. The department may supplement this publication by adopting
regulations for a supplemental guide.

3. No factors other than the degree of
physical impairment of the whole man may be considered in calculating the
entitlement to compensation for a permanent partial disability.

4. Each 1 percent of impairment of the
whole man must be compensated by a monthly payment of 0.5 percent of the
claimants average monthly wage for injuries sustained before July 1, 1981, and
0.6 percent for injuries sustained on or after July 1, 1981. Compensation must
commence on the date of the injury or the day following the
termination of temporary disability compensation, if any, whichever is
later, and must continue on a monthly basis for 5 years or:

(a) On or after July 1, 1983, and before July 1,
1984, until the claimant is 66 years of age;

(b) On or after July 1, 1984, and before July 1,
1985, until the claimant is 67 years of age;

(c) On or after July 1, 1985, and before July 1,
1986, until the claimant is 68 years of age;

(d) On or after July 1, 1986, and before July 1,
1987, until the claimant is 69 years of age; or

(e) On or after July 1, 1986, until the claimant
is 70 years of age,

whichever is later.

5. Compensation benefits may be paid
annually to claimants who will be receiving less than $100 a month.

6. Where there is a previous disability,
as the loss of one eye, one hand, one foot, or any other previous permanent
disability, the percentage of disability for a subsequent injury must be
determined by computing the percentage of the entire disability and deducting
therefrom the percentage of the previous disability as it existed at the time
of the subsequent injury.

7. The department may adopt schedules for
rating permanent disabilities resulting from injuries sustained before July 1,
1973, and reasonable regulations to carry out the provisions of this section.

8. The increase in compensation and
benefits effected by the amendment of this section is not retroactive for
accidents which occurred before July 1, 1973.

9. This section does not entitle any
person to double payments for the death of a workman and a continuation of
payments for a permanent partial disability, or to a greater sum in the
aggregate than if the injury had been fatal.

Sec. 12. NRS 616.624 is
hereby amended to read as follows:

616.624 The [system]administrator shall provide by regulation for a
method of determining average monthly wage.

Sec. 13. Section 4 of
Assembly Bill 278 of the 62nd session of the Nevada legislature is hereby
amended to read as follows:

Sec. 4. 1. An
award for a permanent partial disability may be paid in a lump sum under the
following conditions:

(a) A claimant injured
on or after July 1, 1973, and before July 1, 1981, who incurs a disability that
does not exceed 12 percent may elect to receive his compensation in a lump sum.
A claimant injured on or after July 1, 1981, who incurs a disability that does
not exceed 25 percent may elect to receive his compensation in a lump sum.

(b) The spouse, or in
the absence of a spouse, any dependent child of a deceased claimant injured on
or after July 1, 1973, who is not entitled to compensation in accordance with
NRS 616.615, is entitled to a lump sum equal to the present value of the deceased
claimants undisbursed award for a permanent partial disability.

2. If the
claimant elects to receive his payment for a permanent partial disability in a
lump sum, all of his benefits for compensation terminate. His acceptance of
that payment constitutes a final settlement of all factual and legal issues in
the case. By so accepting he waives all of his rights regarding the claim,
including the right to appeal from the closure of the
case or the percentage of his disability, except:

the right to appeal from the
closure of the case or the percentage of his disability, except:

(a) His right to
reopen his claim according to the provisions of NRS 616.545; and

(b) Any services for
counseling, training or rehabilitation provided by the insurer.

The claimant must be advised in
writing of the provisions of this subsection when he demands his payment in a
lump sum, and has 20 days after the mailing or personal delivery of this notice
within which to retract or reaffirm his demand, before payment may be made and
his election becomes final.

3. Any lump sum
payment which has been paid on a claim incurred on or after July 1, 1973, must
be supplemented if necessary to conform to the provisions of this section.

4. The total
lump sum payment for disablement must not be less than one-half the product of
the average monthly wage multiplied by the percentage of disability.

5. The lump sum
payable must be equal to the present value of the compensation awarded, less
any advance payment or lump sum previously paid. The present value is
calculated using monthly payments in the amounts prescribed in subsection 4 of
NRS 616.605 and actuarial annuity tables adopted by the department. The tables
must be reviewed annually by a consulting actuary.

6. If
a claimant would receive more money by electing to receive compensation in a
lump sum than he would if he receives installment payments, he may elect to
receive the lump sum payment.

Sec. 14. No payment may be
made as a result of the amendment of subsection 4 of NRS 616.605 by section 1
of chapter 180, Statutes of Nevada 1983, to any person who before July 1, 1983:

2. Section 13 of this act shall become
effective at 12:02 a.m. on July 1, 1983.

________

κ1983
Statutes of Nevada, Page 1298κ

CHAPTER 484, AB 321

Assembly Bill No.
321Committee on Government Affairs

CHAPTER 484

ACT relating to state records; vesting the
state librarian with rights concerning records submitted by state agencies and
accepted for the archives; providing for limited access to certain records
donated by constitutional officers; clarifying provisions on destruction of
certain records held at the archives; renaming the division of archives of the
Nevada state library; providing for the establishment of programs for the
efficient and economical management of records; and providing other matters
properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 239.005 is
hereby amended to read as follows:

239.005 As used in this chapter [division of archives]division means the division of [state, county and municipal] archives and records of the Nevada state library.

Sec. 1.3. NRS 239.070 is
hereby amended to read as follows:

239.070 1. In lieu of or in
addition to the method of recording required or allowed by statute, the county
recorder may use [the microfilm method of]microfilm for such recording.

2. The division , [of archives,] in cooperation with the
state printing and records division of the department of general services, shall
provide microfilming service to any local government . [entity.] The charge for the service [shall]must not
exceed the actual cost.

3. If [such
microfilm method be]microfilming is used:

(a) The microphotographs or micronegative films [shall]must be
properly indexed and placed in conveniently accessible files.

(b) Each film [shall]must be designated and numbered.

(c) Provision [shall]must be made for preserving, examining and using
the [same.]films.

4. A duplicate of each
such film [shall]must be made and kept safely in a separate place.

5. Duplicates of each
such film [shall]must be made available by the county recorder for sale
at a price not exceeding cost upon the request of
any person, firm or organization. Subject to the approval of the board of
county commissioners, the county recorder may, at any time, make additional
duplicates of each such film available for sale
to the public at a price not exceeding cost.

Sec. 1.6. NRS 239.080 is
hereby amended to read as follows:

239.080 1. [No]An
official state record may be disposed of [prior
to approval]only in accordance with a
schedule for retention and disposition which is approved by the state
board of examiners.

2. In cooperation with the [state printing and records division of the department
of general services,]division,
each agency, board and commission shall develop a [records
retention and disposal schedule which will specify the total retention value
for]schedule for the retention and
disposition of each type of official state record.

3. Each [records
retention and disposal]such
schedule must be submitted to the state board of examiners for final approval.

4. [The
provisions of this section are not applicable to the papers, books and
documents of the department of transportation.]For the purposes of this section, official state record
includes records:

(a) Which are made or
received by the officers or employees of a state agency in the performance of
their public duties; and

(b) Whose preparation or
maintenance was supported by public money.

Sec. 1.9. NRS 239.085 is
hereby amended to read as follows:

239.085 1. [Whenever the]The
director of the department of transportation [determines
that old or obsolete papers, books, pamphlets or documents of the department of
transportation are no longer of value to the department, he may order the
papers, books, pamphlets or documents removed from storage and destroyed.

2.]shall, in cooperation with the division, develop a schedule
for the retention and disposition of each type of official state record in the
care, custody and control of the department of transportation.

2. A record which
has historical or permanent value must be preserved permanently by the
department of transportation or submitted to the state librarian for
preservation in the archives.

3. The department
of transportation shall keep a record showing when any [of
the papers, books, pamphlets and documents]official state record mentioned in subsection 1 was
destroyed, and the kind and nature of it.

[3. If any
of the papers, books, pamphlets and documents has a historical value, it may be
presented to the state librarian for preservation in the archives.]

Sec. 2. NRS 239.090 is
hereby amended to read as follows:

239.090 1. Subject to the
provisions of subsection 2, any state official may ,
with the prior approval of the state librarian, submit any obsolete
official books, [records,]
documents, original papers, newspaper files [and], printed books or other
records not in current use in his office to the division . [of archives.]

2. A state officer shall first obtain the
consent and approval of the governor. Any other state official shall obtain the
consent of the department head under which he operates.

3. The division of archives may return a
submission or any part thereof, if the submission has no historical or
permanent value.

4. [A
submission of a local government entity may be reclaimed, in whole or in part,
by that entity by serving written notice upon the division of archives and
paying the cost of transportation for the return.]If the state librarian finds that any record so submitted has
historical or permanent value and he accepts it as an accession to the
archives, the right to control and possession of it vests in him, and the
submitting official is not entitled to reclaim it. If records are transferred
to the division by a state official only for the purpose of having the records
stored safely on his behalf, he has constructive custody of the records and
retains the right to control access to them.

1. Custodian of records means any
person authorized to have the care, custody and control of any documents,
instruments, papers, books, pamphlets or any other records or writings of a
local governmental entity.

2. Governing body means the governing
body of a local governmental entity.

3. Local governmental entity means a
county, an incorporated city, an unincorporated town, a township, a school
district or any other public district or agency designed to perform local
governmental functions.

4. Old records means documents,
instruments, papers, books, pamphlets or any other records or writings of a
local governmental entity which are retained for any purpose by the local
governmental entity beyond the minimum [retention]
period for retention established by the division [of archives.]or
for 5 years or more, whichever is earlier.

Sec. 3. NRS 239.123 is
hereby amended to read as follows:

239.123 1. As an alternative
to the destruction of old records, the records, with the consent of the
governing body [,]and the state librarian, may be submitted to the
division . [of
archives.]

2. The [division
of archives may return the records so submitted, or any part thereof, if they
have no historical or permanent value.

3. The]
custodian of records shall maintain an accounting of all old records disposed
of pursuant to [this section,]subsection 1, indicating the nature or identity of [such]the records
as well as the date of submission to the division . [of archives.]

3. The division
may return the records so submitted, or any part thereof, if they have no
historical or permanent value.

4. Records so
submitted may be reclaimed, in whole or in part, by the local government if:

(a) The division did not
acquire title to them in an agreement between the state librarian and the local
government; and

(b) The local government
serves written notice upon the division of its intention to reclaim the records
and pays the cost of transportation for the return.

Sec. 3.5. NRS 239.124 is
hereby amended to read as follows:

239.124 [Except
as provided in NRS 239.051, 239.100, 239.110 and 239.120, and except as may be
specifically authorized by the special charter of any incorporated city, NRS
239.121 to 239.123, inclusive, constitutes the exclusive procedure for
destruction or]The procedures set forth
in NRS 239.051, 239.110 and 239.123, and any procedure specifically authorized
by the special charter of an incorporated city, constitute the procedures for disposition
by a local governmental entity of any old records [of
the entity] which have been retained by the entity for any
purpose [, and destruction or]. The disposition thereof must not occur except [by compliance with that procedure.]in compliance with one of those procedures.

Sec. 4. Chapter 378 of NRS
is hereby amended by adding thereto the provisions set forth as sections 5,
5.3, 5.6, 6, 6.3 and 6.6 of this act.

Sec. 5. Whenever
a constitutional officer or former constitutional officer has deposited records
relating to his office, other than public records, to the division upon a
condition that access to the records be restricted until the end of a specified
period, the state librarian shall maintain the restrictions as prescribed in
the agreement, but no such restrictions may validly extend more than 25 years
after the creation of the records.

Sec. 5.3. 1. Except
as otherwise provided in subsection 2, the state librarian shall establish and
administer a program for the efficient and economical creation, use,
maintenance, retention, preservation and disposition of the records of the
executive branch of the government of the State of Nevada.

2. The director of
the department of transportation may establish his own program for the
management of the departments records, if he confers with the state librarian
regarding the program. The program must incorporate generally accepted
practices for managing records.

Sec. 5.6. The
state librarian may:

1. Adopt
regulations and establish standards, procedures and techniques for the
effective management of records.

2. Make continuing
surveys of current practices for the management of records and recommend
improvements in those practices, including the use of space, equipment and
supplies to create, maintain and store records.

3. Establish
standards for the preparation of schedules providing for the retention of state
records of continuing value and for the prompt and orderly disposition of state
records which no longer possess sufficient administrative, fiscal, legal or
research value to warrant their further retention.

4. Establish,
maintain and operate a center for storing and retrieving records for state
agencies pending their acceptance by the division or their disposition in any
other manner prescribed by law.

5. Establish a
program for the control and management of forms, files, reports, directives and
correspondence.

6. Establish a
program of planning and preparation to assist state agencies and local
governments in providing protection for records essential for the continuation
or reestablishment of government in the event of a disaster.

7. Provide advice
and technical assistance to state agencies, local governmental entities and, if
requested, the legislative and judicial branches of state government concerning
any aspect of managing records.

8. Through the
division, inspect the physical nature of any governmental records in the
custody of a state or local governmental agency which is not confidential or
privileged.

9. With the
approval of the state board of examiners, bring an action to obtain possession
of the records of a state or local governmental agency which are:

In an action to recover a record
which is privately held, it is rebuttably presumed that a governmental record
which appears to be the original of a document received or the file copy of a
document made by a governmental agency is governmental property.

Sec. 6. Public
records acquired by the division which have been declared by law to be
confidential must remain confidential for 50 years, or if the record relates to
a natural person until his death, whichever is later, unless another period has
been fixed by specific statute.

Sec. 6.3. 1. The
records of the governors office, which include correspondence sent or received
by the governor or employees of his office in the performance of governmental
duties, are the property of the State of Nevada and must be transferred to the
division before the governor leaves office.

2. The division
shall make the records of a former governor available for inspection, except:

(a) If that
correspondence identifies or can be readily associated with the identity of any
person other than a public officer or employee acting in his official capacity,
the name and facts which identify that person must be deleted before the
correspondence is disclosed, unless the person so named or identified is
deceased or gives his prior written permission for the disclosure.

(b) Any agreement between
a former governor and the division made before the passage of this act which
provides for a period of confidentiality, is unaffected by the provisions of
this section.

(c) Records of the
governors office which are transferred to the division during the governors
term of office remain in the custody of the governor and are not subject to the
provisions of subsection 2 until after he leaves office.

Sec. 6.6. Except
for documents which have been accepted into the archives and over which he is
vested with the right of control and possession, the state librarian shall not
destroy any record transferred to the division by a state agency unless:

1. He first
consults with the proper official of the transferring agency; and

2. The destruction
is carried out in accordance with a schedule for retention and disposal which
has been approved by the state board of examiners.

Sec. 7. NRS 378.005 is
hereby amended to read as follows:

378.005 As used in this chapter, [division of archives]division means the division of [state, county and municipal] archives and records of the Nevada state library.

Sec. 7.5. NRS 378.230 is
hereby amended to read as follows:

378.230 1. The division of
archives and records is hereby created in the
Nevada state library. The division is administered by the state librarian.

2. It is the intent of the legislature
that the division, in carrying out its functions , [of
preserving, maintaining and coordinating state, county and municipal archival
material,] follow accepted [standards] :

(a) Standards of
archival practice to assure maximum accessibility for the general public [.]; and

(b) Procedures for the
management of records to increase the efficiency of the system of governmental
records and reduce the administrative costs associated with the maintenance,
use, retention and disposition of records.

Sec. 8. NRS 378.240 is
hereby amended to read as follows:

378.240 The state librarian shall, within
the limits of legislative appropriations:

1. Maintain and properly equip safe and
secure premises and vaults at the seat of government for the preservation and
use of material deposited in the archives.

2. Employ persons in the classified
service of the state to preserve, index and aid in the use of material
deposited in the archives.

3. Give an appropriate receipt for
material received by him for the archives.

4. [Make]Subject to the provisions of section 5 of this act and
subsection 4 of NRS 239.090, make material deposited in the archives
readily available for use.

5. Receive into the archives any material
when directed to do so by the state board of examiners.

Sec. 8.5. NRS 378.250 is
hereby amended to read as follows:

378.250 The state librarian may:

1. Receive into the archives any material
from a state agency if he finds that it is of historical value.

2. With the approval of the state board
of examiners, return to the state agency from which it was received, material
in the archives which he finds is not of historical value.

3. Receive into the archives any material
which has been directed to be deposited in the archives by an order or
resolution of the governing body of a local governmental entity, if he finds
that it is of historical value.

4. With the approval of the state board
of examiners, turn over to the Nevada historical society , Nevada state museum or the University of Nevada System any
material in the archives which he finds to be surplus, not properly in the
archives, or appropriate to be kept [in the
custody of the Nevada historical society.]elsewhere.

5. Expend any gift of money he is
authorized to accept for the purpose specified by the donor or, if no purpose
is specified, in any manner which will further the purposes of the division . [of archives.]

Sec. 9. NRS 378.270 is
hereby amended to read as follows:

378.270 [The]1. Subject to the provisions of section 5
of this act and subsection 4 of NRS 239.090, the state librarian shall
furnish, on request, to any person who has paid the proper fees for it, a copy
of any material not deemed confidential in the
archives, and may certify it if required.

2. The
state librarian may charge a reasonable fee for searching archives of the state, for producing copies of and for
certifying copies of any material in the archives.

archives of the state, for producing copies of and for
certifying copies of any material in the archives.

Sec. 10. NRS 225.070 is
hereby amended to read as follows:

225.070 1. The secretary of
state has custody of and shall carefully preserve in the division of [state, county and municipal] archives and records of the Nevada state library or in his
office.

(a) The enrolled copy of the constitution of the
State of Nevada, except as permitted by subsection 3.

(b) The description of the state seal and other
seals of which a description may be required to be deposited in his office.

(c) The proceedings and all papers of the two
constitutional conventions held for the purpose of framing a constitution of
this state.

(d) The manuscripts containing the enrolled acts
and joint resolutions and journals of the legislature of this state and the
Territory of Nevada.

(e) The records, papers and documents of Carson
County, Utah Territory, and all other books, records and documents which, by
the laws of the Territory of Nevada, were required to be deposited and kept in
the office of the secretary of the Territory of Nevada.

(f) All the books, records, parchments, maps,
registers and papers required to be deposited or kept in his office.

(g) All deeds and conveyances belonging to the
state.

(h) All official bonds approved by the governor.

(i) All written contracts to which the state is
a party, except those required to be deposited elsewhere.

2. The deeds, conveyances and official
bonds must be recorded in well-bound books, and the original papers, except as
permitted by subsection 3, must not be permitted to be taken out of the office [or the division of state, county and municipal
archives for any reason whatever,] unless in the possession of
the secretary of state or his deputy.

3. The enrolled copy of the constitution
may be displayed within the legislative building when the legislature is in
session.

Sec. 11. NRS 382.060 is
hereby amended to read as follows:

382.060 The Nevada historical society
shall preserve all old and obsolete property and obsolete and noncurrent public
records presented to it by the state librarian from the division of [state, county and municipal] archives of
the Nevada state library.

Sec. 12. NRS 412.052 is
hereby amended to read as follows:

412.052 The adjutant general shall:

1. Supervise the preparation and
submission of all returns and reports pertaining to the militia of the state
required by the United States.

2. Be the channel of official military
correspondence with the governor, and, on or before November 1 of each
even-numbered year, report to the governor the transactions, expenditures and
condition of the Nevada National Guard. The report must include the report of
the United States Property and Fiscal Officer.

3. Be the custodian of records of
officers and enlisted personnel and all other records and papers required by
law or regulations to be filed in his office.

filed in his office. He may deposit with the division of [state, county and municipal] archives of
the Nevada state library for safekeeping records of his office that are used
for historical purposes rather than the administrative purposes assigned to his
office by law.

4. Attest all military commissions issued
and keep a roll of all commissioned officers, with dates of commission and all
changes occurring in the commissioned forces.

5. Record, authenticate and communicate
to units and members of the militia all orders, instructions and regulations.

6. Cause to be procured, printed and
circulated to those concerned all books, blank forms, laws, regulations or
other publications governing the militia needful to the proper administration,
operation and training of it or to carry into effect the provisions of this
chapter.

7. Have an appropriate seal of office and
affix its impression to all certificates of record issued from his office.

8. Render such professional aid and
assistance and perform such military duties, not otherwise assigned, as may be
ordered by the governor.

9. In time of peace, perform the duties
of quartermaster general and chief of ordnance.

Sec. 13. NRS 239.100 and
239.120 are hereby repealed.

________

CHAPTER 485, AB 253

Assembly Bill No. 253Committee
on Labor and Management

CHAPTER 485

AN ACT relating to industrial insurance;
providing for the payment of dividends based on the experience of employers;
amending provisions on the rating system and the failure of an employer to
provide coverage; and providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 616 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
and 3 of this act.

Sec. 2. 1. The manager shall, in order to provide an
incentive for employers to control industrial injuries and occupational
disease, declare and distribute dividends based on experience when the balance
in the state insurance fund exceeds by $1,000,000 or more the amount necessary
to pay obligations and administrative expenses, to carry reasonable reserves
and to provide for contingencies. The manager may declare and distribute a
dividend to an employer only once in any fiscal year.

2. The dividends
distributed pursuant to this section must be computed in a manner which relates
the amount of the dividend to the experience of the employer in the control of
industrial injuries and occupational disease.

3. The manager
shall adopt regulations for the distribution of dividends pursuant to this
section. The regulations may provide that:

(a) The employers period
of experience be 1, 2 or 3 fiscal years.

(b) An employer who paid
earned premiums during his period of experience may participate in any
distribution of dividends.

(c) The employers own
experience be used in any reasonable manner to determine his own dividend.

(d) When the balance in
the state insurance fund exceeds by $1,000,000 or more the amount necessary for
obligations, expenses, reserves and contingencies, a public hearing be held to
determine the aggregate amount of dividends to be distributed.

Sec. 3. 1. If an employer objects to the amount of a
dividend distributed to him, he may request the commissioner to review the
amount within 30 days after the determination is made.

2. If an employer
does not request a review within 30 days, he loses his right to object to the
amount distributed.

3. The
commissioner shall not substitute his judgment for that of the manager as to
the weight of the evidence on questions of fact.

4. For the purpose
of NRS 233B.130, the decision of the commissioner is a final decision.

Sec. 4. NRS 616.380 is
hereby amended to read as follows:

616.380 1. In addition to
the authority given the manager to determine and fix premium rates of employers
as provided in NRS 616.395 to 616.405, inclusive, the manager:

(a) Shall apply that form of rating system
which, in his judgment, is best calculated to rate [individually
the]each individual risk more
equitably, predicated upon the basis of the employers individual experience;

(b) Shall adopt equitable regulations
controlling the rating [system,]of each risk, which regulations, however, must conserve
to each risk the basic principles of industrial insurance; and

(c) May subscribe to a rating service of any
rating organization for casualty, fidelity and surety insurance rating.

2. The rating system or any rating by a
rating organization pursuant to this section is subject to the limitation that
the amount of any increase or reduction of premium rate ,
[or] additional charge [or rebate] of premium contributions or payment of dividends must be in the discretion of
the manager.

3. The rating system provided by this
section is subject to the following further limitations:

(a) All studies conducted by the manager [for the purpose of determining]to determine the adequacy of rate levels and the equity
of rates among classifications must be conducted in the presence of an actuary
designated by the commissioner.

(b) [No increase
or reduction of premium rate or additional charge or rebate of premium
contributions may become effective for 30 days after adoption by the manager.
Upon the adoption of any increase or reduction of premium rate or additional
charge or rebate of premium contributions provided by this section the manager
must file the revised rates with the commissioner
and give written notice thereof to the employer affected by such rate change,
charge or rebate.

rates with the commissioner and give
written notice thereof to the employer affected by such rate change, charge or
rebate.

(c) The commissioner must
grant the employer a hearing, if the employer requests it, before the effective
date of the rate change. At the hearing consideration must be given to the
objections as made by the parties appearing, and all matters in dispute must be
resolved after such hearing by the commissioner in a manner which will not
unjustly affect the objecting party or the state insurance fund. Following the
hearing, the manager shall make such adjustments in rates as are ordered by the
commissioner. The objective to be accomplished is to prescribe and collect only
such premiums as may be necessary to pay the obligations created by this
chapter, administrative expenses, and to carry such reasonable reserves as may
be prescribed by law or may be deemed necessary to meet such contingencies as
may be reasonably expected.]The manager
shall file revised premium rates and classifications of employment with the
commissioner and give written public notice to the employers affected by the
changes at least 30 days before the effective date of the changes. The
commissioner shall review the revised rates and classifications and advise the
manager of the changes which are not consistent with NRS 686B.050 and 686B.060.

(c) Any employer affected
by a change in a premium rate may request the commissioner to hold a hearing
before the effective date of the change. At the hearing, the commissioner shall
consider the objections raised by any party appearing at the hearing.

(d) Premium rates may not
be fixed at a level higher than that required to:

(1) Pay the
obligations created by this chapter and associated administrative expenses.

(2) Provide for a reasonable
reserve for claims.

(3) Provide for
contingencies such as a catastrophe, economic change, change in judicial
interpretations of the law, legislative amendments of the law, deficiencies in
the reserve and other events which cannot be predicted accurately and could
endanger the solvency of the fund.

The commissioner may order the
manager to make any adjustments necessary to meet the requirements of this
paragraph.

4. Subsections 2 and 3 [of this section] do not apply to rating
plans made by voluntary agreement between the manager and employer which
increases or reduces premium contributions for the employer. The voluntary
rating plans may be retrospective in nature. A voluntary rating plan must be in
writing and signed by both the manager and the employer.

Sec. 5. Chapter 617 of NRS
is hereby amended by adding thereto the provisions set forth as sections 6 and
7 of this act.

Sec. 6. The manager shall establish the classifications of employment
and the rates prescribing premiums in regard thereto in the same manner as
provided in NRS 616.380.

Sec. 7. To provide an incentive to control occupational disease, the
manager shall declare and distribute dividends from the occupational diseases
fund in the same manner as provided in section 2 of this act.

617.310 [1.] Except
for a self-insured employer, every employer within the provisions of this
chapter and every employer electing to be governed by the provisions of this
chapter, before becoming entitled to the benefits of this chapter in the
providing and securing of compensation to his employees, shall pay to the system,
for the occupational diseases fund and the medical benefits fund, in the manner
and at the times prescribed for the payment of premiums in chapter 616 of NRS,
premiums in amounts fixed by the manager . [for the occupation or employment of such employer
according to the classification, rules and rates made and promulgated by the
manager.

2. The manager
shall fix the classifications of employment and the rules and rates regulating
and prescribing premiums in regard thereto.]

Sec. 9. This act shall
become effective on November 1, 1983.

________

CHAPTER 486, AB 283

Assembly Bill No.
283Committee on Government Affairs

CHAPTER 486

AN ACT relating to the public service
commission of Nevada; enlarging its membership; and providing other matters
properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 703.030 is
hereby amended to read as follows:

703.030 1. The commission [shall consist of three]consists of five commissioners appointed by the
governor [.

2. The
commissioners appointed by the governor prior to July 1, 1957, shall continue to
hold office for the balance of the terms for which they were appointed.
Thereafter, their respective successors shall be appointed] for
terms of 4 years.

2. The governor
shall appoint as members of the commission persons who have at least 2 years of
experience in one or more of the following fields:

(a) Accounting.

(b) Business
administration.

(c) Finance.

(d) Administrative law.

(e) Professional
engineering.

(f) The operation of
motor carriers.

3. One
commissioner may be appointed to represent the general public.

[3.]4. Not more than [two]three of the commissioners [shall]may be
members of the same political party.

Sec. 2. NRS 703.110 is
hereby amended to read as follows:

703.110 1. The majority of
the commissioners have full power to act in all matters within their
jurisdiction.

2. [If two
commissioners are disqualified or if there are two vacancies within the
commission, the remaining commissioner shall]Any two or three commissioners may exercise all the
powers of the commission [.]if the majority of the commissioners is disqualified or if
there are two or three vacancies within the commission.

3. Public hearings must be conducted by
one or more commissioners . [or, when the commission so directs, by the deputy
commissioner, except as provided in this subsection, or an administrative
assistant. The deputy commissioner shall not hear cases involving a change of
rates.]

Sec. 3. The governor shall
appoint the two additional members of the public service commission of Nevada
to initial terms which expire on June 30, 1986.

Sec. 4. The provisions of
section 1 of this act do not apply to those persons who are members of the
commission on the effective date of this act.

AN ACT designated as the Washoe County
Metropolitan Water Authority Law; relating to the use of water for domestic,
commercial and industrial purposes; creating the Washoe County Metropolitan
Water Authority; defining the boundaries of its jurisdiction; providing for its
governing body, officers and employees; empowering the authority to plan for
the use of water resources, study its future functions and prepare and
recommend legislation concerning the future of the authority; and providing
other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. This act may be
cited as the Washoe County Metropolitan Water Authority Law.

Sec. 2. The legislature
hereby determines, finds and declares:

1. All property to be acquired by the
district hereunder must be owned, operated, administered and maintained for and
on behalf of all of the people of the district.

2. The creation of the district hereby
promotes the health, comfort, safety, convenience and welfare of all the people
of the state, and will be of special benefit to the inhabitants of the district
and the property therein.

3. The provision in this act of the
purposes, powers, duties, privileges, immunities, rights, liabilities and
disabilities concerning the district will serve a public purpose.

4. The district created hereby is a
political subdivision of the state, and a quasi-municipal corporation with the
powers herein provided.

5. Any notice provided for herein for any
purpose is reasonably calculated to inform each person of interest in any
proceedings hereunder which may directly and adversely affect his legally
protected interests, if any.

6. The necessity for this act results
from:

(a) The large population growth in the urban
area hereby included within the district, constituting a major portion of the
states population;

(b) The numerous capital improvements and large
amount of improved real property situated within such urban area;

(c) The arid or semiarid nature of the urban
area, the scarcity of water therein, the necessity of the development of a
larger water supply for the urban area and of a larger regional system for the
acquisition and transmission of water supplies to the urban area;

(d) The division of the urban area into large
areas of incorporated areas and unincorporated areas;

(e) The fragmentation and proliferation of
powers, rights, privileges and duties pertaining to water supply within the
urban area among a substantial number of public bodies, corporations and other
persons;

(f) The resultant problems in water supply
require extensive management and planning of the use of the water supplies
existing within the district and require that appropriated water used in the
district and unappropriated water found within the district must remain in the
district unless its export is approved by the board as part of the
comprehensive plan; and

(g) The close interrelationship between the
allocation and distribution of surface and subsurface water for domestic,
commercial and industrial use.

7. A general law cannot be made
applicable to the district, and to properties, powers, duties, privileges,
immunities, rights, liabilities and disabilities pertaining thereto as herein
provided, because of the number of atypical factors and special conditions
concerning them.

8. The powers, privileges and rights
herein granted and the duties, immunities, liabilities and disabilities herein
provided comply in all respects with any requirement or limitation imposed by
any constitutional provision.

9. For the accomplishment of the purposes
provided in this section the provisions of this act must be broadly construed.

Sec. 3. The Washoe County
Metropolitan Water Authority is herby created as a body politic and corporate.

Sec. 4. As used in this act,
unless the context otherwise requires:

1. Authority means the Washoe County
Metropolitan Water Authority.

2. Board means the board of directors
of the authority.

Sec. 5. The boundaries of the
jurisdiction of the authority are the boundaries of Washoe County except that
the jurisdiction of the authority does not extend to the part of the county
which is:

1. In the drainage area naturally
tributary to Lake Tahoe, including that lake; or

2. North of the 5th standard parallel,
which is the north line of Township 25 North, M.D.B. & M.

Sec. 6. 1. The authority
is governed by a board of directors consisting of:

(a) Four members of the Reno city council,
designated by that council.

(b) Two members of the board of county
commissioners of Washoe County, designated by that board.

(c) Two members of the Sparks city council,
designated by that council.

(d) One member who is a representative of the
general public to be designated by the members of the board representing the
Reno city council.

2. The members of the board shall elect a
chairman from among themselves.

3. The board shall meet at the call of
the chairman and as frequently as the board deems necessary.

4. No meeting of the board may commence
or continue unless a quorum of at least a majority of the members of the board
is present. A majority vote of the quorum present is required to take action
with respect to any matter.

5. Members of the board serve without
compensation, except that they are entitled to reasonable travel expenses and
the subsistence allowance provided for county officers and employees for
attendance at meetings and conduct of other business of the authority.

6. The board may adopt a seal and alter
it at its pleasure.

Sec. 7. The county clerk,
treasurer, auditor and comptroller of Washoe County shall serve the authority
in the same capacity as they serve the county government.

Sec. 8. 1. No
director, officer, employee or agent of the authority may be interested in any
contract or transaction with the authority except in his official capacity or
as is provided in his contract of employment with the authority.

2. The holding of any office or
employment in any other public body of the state or of its political
subdivisions or the owning of any property within the state, whether within or
without the boundaries of the authority, is not a disqualification for
membership on the board or employment by the authority or for compensation for
services as a director, officer, employee or agent of the authority.

Sec. 9. The board may:

1. Fix the location of the principal
place of business of the authority.

2. Appoint a general manager of the
authority.

3. Delegate and redelegate to officers of
the authority the power to employ necessary executives, clerical workers,
engineering assistants and laborers, and retain legal, accounting or
engineering services, subject to such conditions and restrictions as may be
imposed by the board.

4. Prescribe the powers, duties,
compensation and benefits of all officers and employees of the authority.

5. Require such bonds as are necessary to
protect the funds and other property of the authority.

Sec. 10. 1. The
authority is exempt from regulation by the public service commission of Nevada.

2. The provisions of this act do not:

(a) Affect the jurisdiction of the public
service commission over existing public utilities within the boundaries of the
authority.

(b) Change the legal existence of or impair the
powers of any general improvement district, or public utility within the
boundaries of the authority.

Sec. 11. The authority may:

1. Sue and be sued in its own name in any
court of competent jurisdiction.

2. Borrow or accept grants of money.

3. Adopt such bylaws as are necessary for
the exercise of the powers and conduct of the affairs of the authority.

4. Perform all acts reasonably implied
from and necessary for the full exercise of all the powers of the authority.

5. Enter into contracts, including
cooperative agreements under chapter 277 of NRS.

6. Employ and fix the compensation of its
staff and professional advisors.

7. Plan for the present and future use of
water resources within the jurisdiction or at the disposal of the authority,
and prepare and recommend legislation concerning the authority.

Sec. 12. This act shall
become effective upon passage and approval.

________

CHAPTER 488, SB 124

Senate Bill No.
124Committee on Commerce and Labor

CHAPTER 488

AN ACT relating to small loans; requiring
persons who engage in the business of making small loans to be licensed without
reference to the rate of interest; repealing provisions which are premised upon
limited rates of interest; expanding the exemption from regulation; and
providing other matters properly relating thereto.

1. There exists in this state a
widespread demand for loans repayable in installments, which loans may or may
not be made on substantial security. This demand has been steadily increased by
many social and economic factors. [The scope and
intensity of this demand permits the unscrupulous to pray upon such potential
borrowers.]

2. The expenses of making and collecting
installment loans are necessarily high in relation to the amounts lent . [and legitimate lenders
are therefor inadequately compensated under the general interest statutes of
this state when making such loans.]

3. The need of legislation is especially
apparent in the area of loans of $10,000 or less.

4. It is the purpose of this chapter to [bring]:

(a) Bring under
public supervision those engaged in the business of making loans of $10,000 or
less; [to attract]

(b) Attract adequate
commercial capital to the business, so that the demand for such loans may be
satisfied; [to establish a system of regulation
for the purpose of insuring that charges for such loans be established which
are fair, just and reasonable to the borrower and lender and which permit a
fair return to those engaged in such business; and that there will be
established]and

(c) Ensure the
availability in this state [an]of adequate, efficient and competitive [installment loan and finance service.]financial services.

Sec. 2. NRS 675.040 is
hereby amended to read as follows:

675.040 [No]This chapter does not apply to any person doing
business under the authority of any law of this state or of the United States
relating to banks, savings banks, trust companies, savings and loan
associations, [or credit unions is eligible to
become a licensee under this chapter, nor does this chapter apply to any
business transacted by any such person under the authority of and as permitted
by any such law, nor to any bona fide pawnbroking business transacted under a
pawnbrokers license.]credit unions,
development corporations, mortgage companies, thrift companies or pawnbrokers.

Sec. 3. NRS 675.060 is
hereby amended to read as follows:

675.060 1. No person [shall]may engage
in the business of lending in amounts of $10,000 or less , [and contract for,
exact or receive, directly or indirectly, on or in connection with any such loan,
any charges, whether for interest, compensation, consideration or expense,
which in the aggregate are greater than the interest that the lender would be
permitted by law to charge for a loan of money if he were not a licensee under
this chapter,] except as [provided
in and] authorized by this chapter, [and]
without first having obtained a license from the superintendent.

2. For the purpose of this section a loan
shall be deemed to be in the amount of $10,000 or less if the net amount or
value advanced to or on behalf of the borrower, after deducting all payments
for interest, principal, expenses and charges of any nature taken substantially
contemporaneously with the making of the loan, does not exceed $10,000.

3. For the purpose
of this section, a person engages in the business of
lending if he solicits loans of $10,000 or less in this state and, in
connection therewith, makes loans to persons in this state, unless these are
isolated, incidental or occasional transactions.

of lending if he solicits loans of
$10,000 or less in this state and, in connection therewith, makes loans to
persons in this state, unless these are isolated, incidental or occasional
transactions.

Sec. 4. NRS 675.320 and
675.480 are hereby repealed.

________

CHAPTER 489, SB 446

Senate Bill No.
446Committee on Commerce and Labor

CHAPTER 489

AN ACT relating to mortgage brokers;
amending a provision which exempts certain brokers subject to the Federal
National Mortgage Association from control by the commissioner of savings
associations; and providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 645B.190 is
hereby amended to read as follows:

645B.190 The provisions of this chapter
do not apply to:

1. Any person doing business under the
laws of this state or the United States relating to banks, mutual savings
banks, trust companies, savings and loan associations, common and consumer
finance companies, industrial loan companies, credit unions, thrift companies,
insurance companies or real estate investment trusts as defined in 26 U.S.C. §
856.

2. An attorney at law rendering services
in the performance of his duties as attorney at law.

3. A real estate broker rendering
services in the performance of his duties as a real estate broker.

4. [Any
firm or corporation which lends money on real property and is subject to
licensing, supervision or auditing by the Federal National Mortgage Association
as an approved seller or servicer.]Any
firm or corporation:

(a) Whose principal
purpose or activity is lending money on real property which is secured by means
of a trust deed or a mortgage which is insured or guaranteed by the Department
of Housing and Urban Development or the Veterans Administration; or

(b) Approved by the
Federal National Mortgage Association as a seller or servicer, whose principal
purpose or activity is lending money on real property secured by means of a
trust deed or a mortgage which complies with the underwriting standards of the
Federal National Mortgage Association.

5. Any person doing any act under order
of any court.

6. Any one natural person, or husband and
wife, who provides funds for investment in loans secured by a lien on real
property, on his own account.

7. Agencies of the United States and of
this state and its political subdivisions, including the public employees
retirement system.

8. A seller of real property who offers
credit secured by a mortgage of the property sold.

Section 1. Chapter 232 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

1. An
investigative fund for financial institutions is hereby created as a special
revenue fund. The fund consists of money which is:

(a) Received by the
department of commerce in connection with the licensing of financial
institutions; and

(b) Required by law to be
placed therein.

2. The director of
the department of commerce or his designee may authorize expenditures from the
investigative fund to pay the expenses incurred in investigating applications
for licensing of financial institutions and in conducting special
investigations relating to those institutions, and expenses incurred in
connection with mergers, consolidations, conversions, receiverships and
liquidations.

3. As used in this
section, financial institution means an institution for which licensing is
required under the provisions of Titles 55 and 56 and chapters 645B and 649 of
NRS.

Sec. 2. NRS 658.096 is
hereby amended to read as follows:

658.096 1. The
superintendent shall charge and collect the following [examination
and survey] fees in connection with his official duties:

(a) For examination of state banks:

(1) A fee of $100 for each parent bank,
payable on June 30 and December 31 of each year.

(2) A fee of $25 for each branch bank,
payable on June 30 and December 31 of each year.

(3) Based upon the total assets of all
banks, payable semiannually on the basis of the call report of condition as of
June 30 and December 31 of each year, a fee of 10 cents per $1,000 for the
first $500,000,000, 4 cents per $1,000 for the next $500,000,000, and 2 cents
per $1,000 for amounts over $1,000,000,000.

(b) For [surveys
of new branch bank sites or new bank applications:

(1) $100 per day,
plus per diem expenses and travel allowance, for the examiner-in-charge.

(2) $50 per day,
plus per diem expenses and travel allowance, for each assistant of the
examiner-in-charge.

(c) For a special bank
examination:

(1) $100 per day,
plus per diem expenses and travel allowance, for the examiner-in-charge.

(2) $50 per day,
plus per diem expenses and travel allowance, for each assistant of the
examiner-in-charge.

(d) For examination of
trust departments of state banks:

(1) $125 per day,
plus per diem expenses and travel allowance, for the examiner-in-charge.

(2) $50 per day,
plus per diem expenses and travel allowance, for each assistant of the
examiner-in-charge.

2. All]applications for new branch banks, a nonrefundable fee
of $250 for the application and survey to be paid by the applicant at the time
of making the application. The applicant shall also pay such additional expenses
incurred in the process of investigation as the superintendent deems necessary.
All money received by the superintendent pursuant to this paragraph must be
placed in the investigative fund created by section 1 of this act.

(c) For special bank examinations
and the examination of trust departments of state banks, a reasonable fee for
each man-hour expended in conducting the examination and in preparing and
typing the report of the examination.

2. Except as
otherwise provided in paragraph (b), all money collected under this
section must be paid into the state general fund.

Sec. 3. NRS 659.045 is
hereby amended to read as follows:

659.045 1. Upon receipt of a
copy of the articles of incorporation of the proposed bank, the superintendent
shall at once examine into all of the facts connected with the formation of
such proposed banking corporation, including its location and proposed
stockholders. If it appears that [such]the corporation, if formed, will be lawfully
entitled to commence the business of banking, the superintendent shall so
certify to the secretary of state, unless upon examination and investigation he
finds that:

(a) The proposed corporation is formed for any
other than legitimate banking business;

(b) The character, general fitness and
responsibility of the persons proposed as stockholders, directors, officers and
other managerial officials of [such]the corporation are not such as to command the
confidence of the community in which [such]the bank is proposed to be located;

(c) The probable volume of business and
reasonable public demand in such community is not sufficient to assure and
maintain the solvency of the new bank and of the then-existing bank or banks in
the community;

(d) The name of the proposed corporation is
likely to mislead the public as to its character or purpose; or

(e) The proposed name is the same as the one
already adopted or appropriated by an existing bank in
this state, or so similar thereto as to be likely to mislead the public.

appropriated by an existing bank in this state, or so
similar thereto as to be likely to mislead the public.

2. The superintendent shall not make the
certification to the secretary of state until he has ascertained that the
establishment of such bank will meet the needs and promote the convenience of
the community to be served by the bank.

3. A nonrefundable
fee of $3,000 for the application and survey must be submitted to the
superintendent at the time the articles of incorporation are filed with the
secretary of state. The proposed banking corporation shall also pay such
additional expenses incurred in the process of investigation as the
superintendent deems necessary. All money received by the superintendent
pursuant to this section must be placed in the investigative fund created by
section 1 of this act.

Sec. 4. NRS 669.150 is
hereby amended to read as follows:

669.150 1. Thereafter,
the corporate trust company shall file an application for a license to transact
trust company business with the superintendent on forms prescribed by the
superintendent, which [shall]must contain such information as the superintendent may
require . [and be
accompanied by a $250 investigation fee, which is nonrefundable.]

2. A nonrefundable
fee of $1,000 for the application and survey must accompany the application.
The applicant shall also pay such additional expenses incurred in the process
of investigation as the superintendent deems necessary. In addition, a fee of
not less than $100 nor more than $250, prorated on the basis of the licensing
year as provided by the superintendent, must be paid at the time of making the
application.

3. Any request for
approval and licensing of a branch location for a trust company must be filed
with the superintendent on such forms as he may prescribe. A nonrefundable fee
of $250 for the application and survey must accompany each such request. In
addition, a fee of not more than $100, prorated on the basis of the licensing
year as provided by the superintendent, must be paid at the time of making the
request.

4. All money
received by the superintendent pursuant to this section must be placed in the
investigative fund created by section 1 of this act.

Sec. 5. NRS 669.190 is
hereby amended to read as follows:

669.190 1. The [amount of fees]initial
fee to be paid for a trust company license [shall]must be in proportion to [their]the authorized capitalization of the trust company as follows:

(a) A trust company having a capitalization of $250,000
and up to and including $500,000 shall pay a license fee of $500.

(b) A trust company having a capitalization of
more than $500,000 and up to and including $1,000,000 shall pay a license fee
of $750.

(c) A trust company having a capitalization of
more than $1,000,000 shall pay a license fee of $1,000.

2. In addition every trust company shall
pay [a]an
initial license fee of $100 for each branch office that may be
authorized by the superintendent.

3. Thereafter, every such trust company
shall pay annually on or before April 1 of each year a license fee [equal to the original license fee provided in this
section.]which must be in proportion to
its authorized or existing capitalization (capital plus paid-in surplus plus
undivided profits), whichever is higher, as follows:

(a) A trust company
having a capitalization of $250,000 and up to and including $500,000 shall pay
a license fee of $500.

(b) A trust company
having a capitalization of more than $500,000 and up to and including
$1,000,000 shall pay a license fee of $750.

(c) A trust company
having a capitalization of more than $1,000,000 shall pay a license fee of
$1,000.

4. All [moneys]money collected under the provisions of this
section [shall]must be paid into the state general
fund [of the state treasury] and the
state treasurer shall issue a receipt therefor.

Sec. 6. NRS 669.250 is
hereby amended to read as follows:

669.250 1. [The superintendent shall charge and collect
examination fees for any]For each examination
of a trust companys books and records required or authorized under this
chapter, [as follows:

(a) For the examiner-in-charge,
$125 per day, plus per diem expenses and travel allowance.

(b) For each assistant of
the examiner-in-charge, $50 per day, plus per diem expenses and travel
allowance.]the superintendent shall
charge and collect from the trust company a reasonable fee for each man-hour
expended in conducting the examination and in preparing and typing the report
of the examination.

2. All [moneys]money collected under this section [and all investigation fees required under NRS 669.150
shall]must be paid into the state general fund . [in the state treasury.]

Sec. 7. Chapter 670 is
hereby amended by adding thereto a new section which shall read as follows:

Except as otherwise provided in
NRS 670.115, all money collected pursuant to the provisions of this chapter
must be paid into the state general fund.

Sec. 8. NRS 670.115 is
hereby amended to read as follows:

670.115 1. A
development corporation shall obtain a license from the superintendent before
conducting any business. The application for the license must be on a form [and be accompanied by a nonrefundable application fee
of not more than $1,000] prescribed by the superintendent.

2. A nonrefundable
fee of $1,000 for the application and survey must accompany the application.
The applicant shall also pay such additional expenses incurred in the process
of investigation as the superintendent deems necessary. In addition, a fee of
not less than $100 nor more than $250, prorated on the basis of the licensing
year as provided by the superintendent, must be paid at the time the
application is submitted.

3. All money
received by the superintendent pursuant to this section must be placed in the
investigative fund created by section 1 of this act.

670.240 1. Every corporation
organized and engaged in business under the provisions of this chapter shall
pay , on or before December 31 of each year, an
annual state license fee of [$100.]$250.

2. The county and city wherein the
corporation maintains a place of business may also levy a license fee which
does not exceed $50.

Sec. 10. NRS 671.050 is
hereby amended to read as follows:

671.050 1. Every application
for a license required under this chapter must be in writing, signed by the
applicant, and in the form prescribed by the superintendent.

2. The application must contain:

(a) The name and principal business address of
the applicant and, if incorporated, the date and place of its incorporation;

(b) The name and address of each of the
applicants branch offices, subsidiaries or affiliates, if any, which will be
operated under the license;

(c) The name and addresses, business and
residential, of the proprietor or partners of the applicant or, if the
applicant is a corporation or association, of each of the directors, trustees
and principal officers, and of any stockholder who owns 20 percent or more of
the applicants stock; and

(d) Such other pertinent information as the
superintendent requires.

3. The application must be accompanied
by:

(a) A surety bond or securities as required by
this chapter; and

(b) A certified financial statement,
satisfactory to the superintendent, showing that the applicants net worth
exceeds $100,000, unless the applicants surety bond or securities is in at
least twice the minimum principal sum required by NRS 671.100; and

(c) A [license fee
of $200 which is refundable if the application for the license is denied and an
investigation fee of $100 which is nonrefundable.]nonrefundable fee of $250 for the application and survey. The
applicant shall also pay such additional expenses incurred in the process of
investigation as the superintendent deems necessary.

(d) A fee of not less
than $100 nor more than $200, prorated on the basis of the licensing year as
provided by the superintendent.

4. All money
received by the superintendent pursuant to this section must be placed in the
investigative fund created by section 1 of this act.

Sec. 11. NRS 671.060 is
hereby amended to read as follows:

671.060 1. Upon the filing
of the application, payment of the fees and approval of the surety bond or
securities, the superintendent shall investigate the financial condition and
responsibility, the financial and business experience, and the character and
general fitness of the applicant and may investigate any partners, directors,
trustees or principal officers of the applicant.

2. If the superintendent determines that
the business of the applicant will be conducted lawfully, honestly, fairly and
efficiently, the superintendent shall issue a license to the applicant to
engage in the business of selling and issuing checks, receiving for
transmission or transmitting money or credits, or both.

[3. If the
superintendent denies an application, he shall refund the amount of the
application fee submitted by the applicant.]

Sec. 12. NRS 645B.050 is
hereby amended to read as follows:

645B.050 1. A mortgage
companys license expires June 30 next after the date of issuance if it is not
renewed. A license may be renewed by filing an application for renewal and
paying the annual fee for a license for the succeeding year. The application
and payment must be received by the commissioner on or before June 30 next
preceding the expiration date. If the application or payment is not received by
June 30, the license is canceled. The commissioner may reinstate the license if
the licensee pays the filing fee and a reinstatement fee of $200.

2. The commissioner shall require a
licensee to deliver a financial statement prepared from his books and records
by a public accountant who is certified or registered in this state. The
financial statement must be dated not earlier than the close of the latest
fiscal year of the company and must be submitted within 60 days thereafter.

3. The filing fees are:

(a) For filing an original application, $200 for
the principal office and [$75]$40 for each branch office.

[(b) For filing an
original application from April 1 to June 30, inclusive, $100 for the principal
office of a mortgage company.

(c) For filing an
application for a copy of any license, upon satisfactory showing of its loss,
$10.

(d)] The
applicant shall also pay such additional expenses incurred in the process of
investigation as the commissioner deems necessary. All money received by the
commissioner pursuant to this paragraph must be placed in the investigative
fund created by section 1 of this act.

(b) If the license is approved for issuance,
$300 for the principal office and $60 for each branch office before issuance.

(c) For filing an
application for renewal, $500.

(d) For filing an
application for a duplicate copy of any license, upon satisfactory showing of
its loss, $10.

4. Except as otherwise provided in this
chapter, all fees received

under this chapter must be deposited in the state treasury
for credit to the state general fund.

Sec. 13. NRS 649.125 is
hereby amended to read as follows:

649.125 Upon receiving an application for
a license and bond in proper form along with payment of the required [investigation] fee, the superintendent
shall investigate all the facts stated in the application and the requirements
of NRS 649.135.

Sec. 14. NRS 649.295 is
hereby amended to read as follows:

649.295 1. A nonrefundable [investigation fee of $100]fee of $250 for the application and survey must
accompany each new application for a collection agency license. The applicant shall also pay such additional expenses incurred
in the process of investigation as the superintendent
deems necessary.

superintendent deems necessary. All
money received by the superintendent pursuant to this subsection must be placed
in the investigative fund created by section 1 of this act.

2. A fee of [$300
must be charged for each collection agency license issued and $150]not less than $100 nor more than $300, prorated on the
basis of the licensing year as provided by the superintendent, must be charged
for each original collection agency license issued. A fee of $200 must be
charged for each annual renewal of such a license.

3. A fee of $10 must be charged for each
duplicate or location transfer license issued.

4. A nonrefundable investigation fee of
$75 must accompany each application for a managers certificate unless the
applicant is the holder of or an applicant for a collection agency license.

5. A fee of $20 must be charged for each
managers certificate issued and for each annual renewal of such a certificate.

6. A fee of $30 must be charged for the
reinstatement of a managers certificate.

7. A fee of $5 must be charged for each
day an application for the renewal of a license or certificate, or a required
report, is filed late, unless the fee or portion thereof is excused by the
superintendent for good cause shown.

8. For each examination the
superintendent shall charge and collect from the licensee a reasonable fee for
each man-hour expended in conducting the examination and in preparing and
typing the report of the examination . [report, but the total
fee must not exceed $800 for any regular examination or investigation unless
some irregularity is disclosed during the course of the regular examination
warranting special or additional investigation or examination. If such an
irregularity is disclosed, the licensee shall pay for the additional
investigation required by reason of the irregularity at a reasonable rate for
each man-hour so required.]

9. [All]Except as otherwise provided in subsection 1, all money
received by the superintendent under this chapter must be deposited in the
state treasury for credit to [the appropriate
account within] the state general fund . [, for use of the banking division to carry out the
provisions of this chapter. At the end of each fiscal year, any remaining
balance lapses within the state general fund.]

1. All fees, charges for expenses,
assessments and other [moneys which are]money collected under the provisions of this
chapter from foreign and domestic associations, companies and corporations
governed by this chapter [shall]must be paid into the state
general fund . [in
the state treasury.]

2. The compensation provided for by this
chapter and all expenses incurred under this chapter [shall]must be paid from the state
general fund . [in
the state treasury by direct legislative appropriation.]

673.080 1. The secretary of
state shall not issue any certificate to an association or company authorizing
it to do business until the articles of association, agreement or incorporation
are approved by the commissioner.

2. No amendment to the articles of the
organization may be filed by the secretary of state without the written
approval of the articles by the commissioner.

3. No association may sell, offer for
sale, negotiate for the sale of, take subscriptions for, or issue any of its common
or preferred stock until it has first applied for and secured from the
commissioner approval of an application for permission to organize as provided
for in this section.

4. (a) Persons who desire to
organize an association under this chapter shall first execute in triplicate an
application, in the form prescribed by the commissioner, for permission to
organize an association before taking any other action in connection with the
organization.

(b) Upon execution of an application for
permission to organize by seven responsible citizens, referred to in this
section as applicants, the original and two copies of the application must be
submitted to the commissioner. The applicants shall submit with their
application the names and addresses of the applicants, the location of the
proposed office, an itemized account of the financial condition of the proposed
association and of the applicants, the amount and character of the proposed
stock, statements, exhibits, maps and such additional information as the
commissioner may require, together with an affidavit that the representations
made thereby are consistent with the facts to the best of the applicants
information and belief. This data must be sufficiently detailed and
comprehensive to enable the commissioner to pass upon the application as to:

(1) The character and responsibility of
the applicants;

(2) The need for the association in the
community to be served;

(3) The reasonable probability of its
usefulness and success; and

(4) Whether or not such an association
can be established without undue injury to any properly conducted existing
savings and loan institutions.

(c) If the commissioner approves the application
he shall, within 30 days, notify all associations within 100 miles of the
community where the applicant intends to establish an association. Any
association so notified may, within 20 days, protest in writing the granting of
the application. Within 30 days after receipt by the commissioner of the
written protest, the commissioner shall fix a date for a hearing upon the
protest, and the hearing must be held not earlier than 30 days nor more than 60
days from the date of receipt of written notice by registered or certified mail
by the parties.

(d) The commissioner shall approve or deny the
application within 90 days from the date of the conclusion of the hearing and
give all parties written notice of his decision on or before that date.

(e) If the commissioner approves the
application, he shall establish as conditions to be met
before the issuance of a charter requirements as to:

as conditions to be met before the issuance of a charter
requirements as to:

(1) The minimum number of shares of common
or preferred stock to be subscribed to the associations permanent capital, of
which at least 75 percent in number of stockholders and dollar amount of
capital must be subscribed by bona fide residents of the State of Nevada;

(2) The minimum amount of paid-in
surplus;

(3) The minimum amount of investment
certificates to be paid into the associations savings accounts upon issuance
of a charter to it; and

(4) Such other requirements as he deems
necessary or desirable.

Approval of an application for permission to organize an
association does not in any manner obligate the commissioner to issue a
charter, except that when all requirements of this chapter and of the
commissioner have been fulfilled, he shall issue a charter.

(f) The charter expires 180 days after issuance,
unless, within that time, the association has obtained insurance of accounts
from the Federal Savings and Loan Insurance Corporation. The commissioner may,
for good cause, extend the time of the conditional expiration of the charter
for an additional period or periods not exceeding 360 days in the aggregate.

5. An association shall not sell or issue
any of its permanent stock until it has first applied for and secured from the
commissioner a license authorizing it to operate as a savings and loan
association under the laws of this state and until it has applied for and
secured insurance of accounts under the rules and regulations of the Federal
Savings and Loan Insurance Corporation. This insurance of accounts must be
maintained at all times.

6. The commissioner may extend the time
for any hearing provided for in this section, to the time agreed upon by the
parties.

7. [Every
application for permission to organize, as provided for in this section, must
be accompanied by a fee of $500, which must be paid into the state general fund
and no part of it may be refunded.]The
filing fees are:

(a) For filing an
original application, $2,000 for the principal office. The applicant shall also
pay such additional expenses incurred in the process of investigation as the
commissioner deems necessary. All money received by the commissioner pursuant
to this paragraph must be placed in the investigative fund created by section 1
of this act.

(b) If the license is
approved for issuance, $1,000 for the principal office before issuance.

8. The commissioner may impose conditions
requiring the impoundment of proceeds from the sale of any stock, limiting the
expense in connection with the sale of stock, and such other conditions as are
reasonable and necessary or advisable to insure the disposition of the proceeds
from the sale of the stock in the manner and for the purposes provided in the
permission to organize.

9. Every permission to organize issued by
the commissioner shall recite in bold type that its issuance is permissive only
and does not constitute a recommendation or endorsement of the organization or
of the stock permitted to be issued.

10. Any corporation making application
under this section or authorized to organize or authorized to establish a
savings and loan association shall provide for a minimum par value of its
permanent capital stock of at least $1 in its articles of incorporation. Per
value of permanent capital stock may not be reduced below $1 without written
permission of the commissioner.

11. The removal of the home office or of
any branch office of an association to any other location from its
then-existing location requires prior approval of the commissioner. An
application seeking approval must be delivered to the commissioner, together
with a fee to cover expenses attendant upon the investigation required for the
approval, which must be in an amount, not less than $100 , [nor more than $250,]
to be determined by the commissioner. All money received
by the commissioner pursuant to this subsection must be placed in the
investigative fund created by section 1 of this act.

12. An association shall not pay any
commissions or other compensation for the subscription to or sale of the
original issue of its stock.

Sec. 17. NRS 673.112 is
hereby amended to read as follows:

673.112 1. A branch office
is a legally established place of business of an association, other than the
home office, which is authorized by the board of directors and approved by the
commissioner and at which any of the associations business may be conducted.

2. All branch offices are subject to
direction from the home office.

3. No association may establish or
maintain a branch office without prior written approval of the commissioner.
Each application for approval of the establishment and maintenance of a branch
office must:

(a) State the proposed location thereof, the
need therefor, the functions to be performed therein, the estimated annual
expense thereof and the mode of payment therefor.

(b) [Be
accompanied by a fee of $250, no part of which may be refunded.

(c)] Be
accompanied by a budget of the association for the current semiannual period
and for the next succeeding semiannual period, which reflects the estimated
additional expense of the maintenance of such branch office.

4. After receipt of an application the
commissioner shall determine:

(a) Whether the establishment and maintenance of
the branch office will unduly injure any properly conducted existing
association in the community where the branch office is proposed to be
established or in any neighboring community; and

(b) Whether or not the establishment and
maintenance of the branch office will serve the public interest.

5. Before issuance of a charter for a
branch office, the commissioner shall notify all associations doing business
within a radius of 100 miles of the principal place of business of the
applicant, and within a radius of 100 miles of the proposed branch office. Any
association so notified may, within 20 days, protest in writing the granting of
the application.

application. Within 30 days after receipt by the
commissioner of such a written protest, the commissioner shall fix a date for a
hearing upon the protest. The hearing must be held not earlier than 60 days nor
more than 90 days after the date of receipt of written notice by registered or
certified mail by the parties.

6. If the commissioner finds that no
undue injury is likely to result, that the establishment and maintenance of
such branch office is advisable and will serve the public interest, he may
approve the application.

7. Approval of an associations
application for a branch office charter permits the association to establish an
operating office in a temporary or a permanent building, if the building is
placed on or erected at the approved location within 12 months after the
approval.

8. For good cause and after notice to the
association, the commissioner may revoke his approval for the maintenance of a
branch office. Failure to establish a branch office in the manner and within
the time permitted under this section constitutes a good cause for revocation,
unless a prior, written request for a waiver of the time limitation is sought
by the association and an extension, in writing, is granted by the
commissioner.

9. An association which maintains one or
more branch offices shall give each branch office a specific designation by
name and include in the designation the word branch and shall prominently
display the designation at the place of business of the branch. When an
association is operating a branch office, all advertising of or by any such
branch office must state clearly the location of the principal office of the
association.

10. The filing
fees are:

(a) For filing an
original application, $200 for each branch office. The applicant shall also pay
such additional expenses incurred in the process of investigation as the
commissioner deems necessary. All money received by the commissioner pursuant
to this subsection must be placed in the investigative fund created by section
1 of this act.

(b) If the license is
approved for issuance, $100 for each branch office before issuance.

Sec. 18. NRS 673.595 is
hereby amended to read as follows:

673.595 1. Every foreign
association which desires to do any business or maintain an office of the kind
provided for in this chapter must apply to the commissioner for a license to
transact that business or maintain that office in this state.

(a) For filing an
original application, $300 for each office. The applicant shall also pay such
additional expenses incurred in the process of investigation as the
commissioner deems necessary. All money received by the commissioner pursuant
to this paragraph must be placed in the investigative fund created by section 1
of this act.

(b) If the license is
approved for issuance, $200 for each office.

(c) For each licensed
foreign association, an annual renewal fee of $400.

3. The
commissioner shall issue a license to an applicant if he is satisfied that the issuance of the license is consistent with
the purpose of this chapter.

satisfied that the issuance of the license is consistent
with the purpose of this chapter. The commissioner may revoke any such license
when he is satisfied that the licensed activity or any part of it is not
consistent with the purposes of this chapter. [Every
licensed foreign association shall pay an annual fee of $200.

3.]4. At the time of making an application,
every foreign association shall provide written consent to whatever examination
or investigation the commissioner may desire to make during the license period.
The commissioner shall charge the foreign association $30 per hour for the time
spent on the examination or investigation by state examiners.

[4.]5. The provisions of chapter 80 of NRS
apply to all foreign associations licensed under the provisions of this
section. For the purposes of this section, activities conducted by any foreign
association, which are limited to any one or more of those enumerated in NRS
80.240, do not constitute doing business or require that the association be
licensed.

Sec. 19. NRS 675.100 is
hereby amended to read as follows:

675.100 1. At the time of
making the application, the applicant shall pay to the superintendent [$100 as a fee for investigating the application, and
$500 as a license fee when granted for the period ending on the last day of the
current calendar year.

2. If the license
is granted after June 30 in any year the license fee is $100.]a nonrefundable fee of $500 for the application and survey.
The applicant shall also pay such additional expenses incurred in the process
of investigation as the superintendent deems necessary. In addition, a fee of
not less than $100 nor more than $500, prorated on the basis of the licensing
year as provided by the superintendent, must be paid at the time of making the
application.

2. All money
received by the superintendent pursuant to this section must be placed in the
investigative fund created by section 1 of this act.

Sec. 20. NRS 675.150 is
hereby amended to read as follows:

675.150 1. If the
superintendent finds that any applicant does not possess the requirements
specified in this chapter, he shall enter an order denying the application and
forthwith notify the applicant of the denial . [, returning the license fee but retaining the
investigation fee.]

2. Within 10 days after the entry of such
an order, he shall file his findings and a summary of the evidence supporting
them and shall forthwith deliver a copy thereof to the applicant.

Sec. 21. NRS 675.160 is
hereby amended to read as follows:

675.160 [All]Except as otherwise provided in NRS 675.100, all fees
and charges collected under the provisions of this chapter [shall]must be
paid into the state general fund , [of the state treasury,]
and the state treasurer [is hereby required to]shall issue his receipt therefor.

Sec. 22. NRS 676.130 is
hereby amended to read as follows:

676.130 At the time of making the
application, the applicant shall:

1. Pay to the superintendent [$100 as a fee for investigation of the application and $200 as a license fee for each office, which
satisfies the fee requirement for the period ending on the last day of the
current calendar year.]

application and $200 as a license fee
for each office, which satisfies the fee requirement for the period ending on
the last day of the current calendar year.]a nonrefundable fee of $250 for the application and survey.
The applicant shall also pay such additional expenses incurred in the process
of investigation as the superintendent deems necessary. In addition, a fee of
not less than $100 nor more than $200, prorated on the basis of the licensing
year as provided by the superintendent, must be paid at the time of making the
application. All money received by the superintendent pursuant to this
subsection must be placed in the investigative fund created by section 1 of
this act.

2. Furnish and maintain in effect a
satisfactory bond to the State of Nevada, duly executed by an admitted surety
company approved by the superintendent, in the amount of $10,000, or an
appropriate substitute pursuant to NRS 676.135, conditioned upon the faithful
accounting of all money collected upon accounts and entrusted to the licensee,
or its employees or agents.

3. Provide a blank copy of the
debt-adjustment contract which will be used by the licensee in its business.

Sec. 23. NRS 676.170 is
hereby amended to read as follows:

676.170 [All]Except as otherwise provided in NRS 676.130, all fees
and charges collected under the provisions of this chapter [shall]must be
paid into the state general fund . [in the state treasury.]

Sec. 24. NRS 676.270 is
hereby amended to read as follows:

676.270 1. For the purpose
of discovering violations of this chapter or of securing information lawfully
required under this chapter, the superintendent or his duly authorized
representative may at any time and shall, at least once each year, investigate
the business and examine the books, accounts, papers and records of any
licensee.

2. For the purpose of examination the
superintendent or his duly authorized representatives must be allowed free
access to the offices, files, safes and vaults of such licensees.

3. For each examination the
superintendent shall charge and collect from the licensee a reasonable fee for
each man-hour expended in conducting the examination and in preparing and
typing the examination report . [, but the total fee must not exceed $800 for any
regular examination or investigation unless some irregularity is disclosed
during the course of such regular examination warranting special or additional
investigation or examination. If such an irregularity is disclosed, the
licensee shall pay for the additional investigation required by reason of the
irregularity at a reasonable rate for each man-hour so required.]

Sec. 25. NRS 677.160 is
hereby amended to read as follows:

677.160 1. The
request for authority to engage in business under this chapter [shall]must be
set forth in an application in such form and containing such information as the
director may require . [and
shall be accompanied by a filing fee of $250.]

2. The filing fees
are:

(a) For filing an
original application, $1,000 for the principal office and $150 for each branch
office. The applicant shall also pay such additional expenses incurred in the
process of investigation as the director deems necessary. All money received by
the director pursuant to this paragraph must be
placed in the investigative fund created by section 1 of this act.

to this paragraph must be placed in
the investigative fund created by section 1 of this act.

(b) If the license is
approved for issuance, $500 for the principal office and $100 for each branch
office before issuance.

Sec. 26. NRS 677.360 is
hereby amended to read as follows:

677.360 [1. Each
applicant shall pay, in addition to the application fee, a license fee of $250
if the license is granted after June 30 or a license fee of $500 if the license
is granted before July 1.

2.] On
or before December 20 of each year, each licensee shall pay to the director the
sum of $500 for each license held by him as a license fee for the succeeding
calendar year.

Sec. 27. NRS 677.390 is
hereby amended to read as follows:

677.390 [All]Except as otherwise provided in NRS 677.160, all fees
and charges collected under the provisions of this chapter [shall]must be
deposited in the state treasury to the credit of the appropriate account within
the state general fund for the use of the department of commerce. At the end of
a fiscal year the unused balance of any amounts collected pursuant to this
chapter [shall]does not revert to the state general
fund.

Sec. 28. NRS 678.260 is
hereby amended to read as follows:

678.260 The commissioner shall:

1. Adopt a regulation establishing the
minimum surety bond coverage required of credit unions in relation to the
amount of property under their control.

2. Maintain the original application of
every credit union in a permanent file.

3. Maintain for at least 6 years, every
report filed by a credit union with the division.

4. [Deposit]Except as otherwise provided in NRS 678.800 and 678.810,
deposit all fees, charges for expenses, assessments and other [moneys which are]money collected pursuant to the provisions of this
chapter or any regulation promulgated thereunder, in the state treasury to the
credit of the appropriate account within the state general fund for the use of
the department of commerce. At the end of a fiscal year the unused balance of
any amounts collected pursuant to this chapter [shall]does not revert to the state
general fund.

5. Prepare copies of articles of
incorporation and bylaws consistent with the provisions of this chapter which
may be used by persons interested in organizing a credit union.

Sec. 29. NRS 678.780 is
hereby amended to read as follows:

678.780 [1.] Every
credit union organized under this chapter shall submit an annual financial
report for the calendar year to the commissioner on or before the 1st day of
February on forms supplied by him for that purpose.

[2. Any
credit union that does not submit such report within 15 days after the due date
is subject to a penalty of $5 for each day the report remains delinquent, which
the commissioner may forgive for good cause shown.]

678.800 1. Any credit union
may, with the approval of the commissioner, merge with another credit union
under the existing charter of the other credit union, pursuant to any plan
agreed upon by the majority of the board of each credit union joining in the
merger and approved by the affirmative vote of a majority of the members of
each credit union present at meetings called for such purpose.

2. After agreement by the directors and
approval by the members of each credit union, the chairman and secretary of
each credit union shall execute a certificate of merger, which [shall]must set
forth:

(a) The time and place of the meeting of the
board of directors at which the plan was agreed upon . [;]

(b) The vote in favor of adoption of the plan . [;]

(c) A copy of the resolution or other action by
which the plan was agreed upon . [;]

(d) The time and place of the meeting of the
members at which the plan agreed upon was approved . [; and]

(e) The vote by which the plan was approved by
the members.

3. A copy of each of the certificates
executed pursuant to subsection 2 and a copy of the plan of merger agreed upon
by the merging credit unions [shall]must be forwarded to the division for
certification and returned to the merging credit unions within 30 days.

4. After a merger is effected, all
property, property rights and interest of the merged credit union shall vest in
the surviving credit union without deed, endorsement or other instrument of
transfer, and all debts, obligations and liabilities of the merged credit union
shall be deemed to have been assumed by the surviving credit union under whose
charter the merger was effected.

5. If the
surviving credit union is to be a credit union chartered under the laws of this
state, the application for approval of the merger must be accompanied by an
application fee in an amount prescribed by regulation of the commissioner. The
applicant shall also pay such additional expenses incurred in the process of investigation
as the commissioner deems necessary. All money received by the commissioner
pursuant to this subsection must be placed in the investigative fund created by
section 1 of this act.

6. This
section is to be liberally construed to permit a credit union chartered under
this chapter to merge with a credit union chartered under any other provisions
of law.

Sec. 31. NRS 678.810 is
hereby amended to read as follows:

678.810 1. A credit union
chartered under the laws of this state may be converted to a credit union
chartered under the laws of any other state or under the laws of the United
States, subject to regulations adopted by the commissioner.

2. A credit union chartered under the laws
of the United States or of any other state may convert to a credit union
chartered under the laws of this state. To effect such a conversion, a credit
union must comply with all the requirements of the authority under which it was
originally chartered and the requirements of the commissioner and file proof of
such compliance with the commissioner.

3. Every
application for permission to convert to a credit union chartered under the
laws of this state must be accompanied by an application fee in an amount
prescribed by regulation of the commissioner. The applicant shall also pay such
additional expenses incurred in the process of investigation as the
commissioner deems necessary. All money received by the commissioner pursuant
to this subsection must be placed in the investigative fund created by section
1 of this act.

Sec. 32. NRS 675.145,
677.260 and 677.280 are hereby repealed.

Sec. 33. Sections 12 and 16
of this act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 491, SB 404

Senate Bill No.
404Committee on Judiciary

CHAPTER 491

AN ACT relating to victims of crimes; requiring
notice to victims of an application for parole or clemency or a grant of
clemency if requested; authorizing a victim to respond to an application for
parole or clemency; and providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 213 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
and 3 of this act.

Sec. 2. As
used in NRS 213.010 to 213.100, inclusive, and section 3 of this act, unless
the context otherwise requires:

1. Board means
the state board of pardons commissioners.

2. Victim
includes:

(a) A person against whom
a crime has been committed;

(b) A person who has been
injured or killed as a direct result of the commission of a crime; or

(c) The surviving spouse,
parents or children of such a person.

Sec. 3. If
the board remits a fine or forfeiture, commutes a sentence or grants a pardon,
it shall give written notice of its action to the victim of the person granted
clemency, if the victim so requests in writing and provides his current
address. If a current address is not provided, the board may not be held
responsible if the notice is not received by the victim.

Sec. 4. NRS 213.010 is
hereby amended to read as follows:

213.010 1. The state board
of pardons commissioners consists of the governor, the justices of the supreme
court and the attorney general.

2. [As used
in NRS 213.010 to 213.100, inclusive, board means the state board of pardons
commissioners.

3.] Meetings
of the board for the purpose of considering applications for clemency [shall]must be
held semiannually or oftener, on such [date]dates as may be fixed by the board.

3. The board shall
give written notice at least 15 days before a meeting to each victim of the
crimes committed by each person whose application for clemency will be
considered at the meeting, if the victim so requests in writing and provides
his current address. If a current address is not provided, the board may not be
held responsible if the notice is not received by the victim. The victim may
submit a written response to the board at any time before the meeting.

Sec. 5. NRS 213.020 is hereby
amended to read as follows:

213.020 1. Any person
intending to apply to have a fine or forfeiture remitted, or a punishment
commuted, or a pardon granted, or someone in his behalf, shall make out [quadruplicate copies of notices]a notice and four copies in writing of [such]the
application, specifying therein:

(a) The court in which the judgment was rendered
[.];

(b) The amount of the fine or forfeiture, or
kind or character of punishment [.];

(c) The name of the person in whose favor the
application is to be made [.];

(d) The particular grounds upon which the
application will be based [.]; and

(e) The time when it will be presented.

2. [One]Two of the copies [shall]must be served upon the district attorney and one
upon the district judge of the county wherein the conviction was had. The [triplicate copy shall]fourth copy must be served upon the director of the
department of prisons and the original [copy
shall]must be filed with the clerk
of the board. In cases of fines and forfeitures a similar notice [shall]must
also be served on the chairman of the board of county commissioners of the
county wherein the conviction was had.

3. The notice [shall]must be served, as [herein
provided,]provided in this section,
at least 30 days [prior to]before the presentation of the application, unless a
member of the board, for good cause, prescribes a shorter time.

Sec. 6. NRS 213.040 is hereby
amended to read as follows:

213.040 All district attorneys receiving
notice of an application for a pardon, or communication of punishment, or
remission of fine or forfeiture, shall transmit forthwith to [the]:

1. The board
a statement in writing of facts surrounding the commission of the offense for
which the applicant is incarcerated or subject to penalty and any information
affecting the merits of [such]the application.

2. Each victim of
the person applying for clemency a copy of the notice of the application, if
the victim so requests in writing and provides his currentaddress. If a current address is not provided, the district
attorney may not be held responsible if a copy of the notice is not received by
the victim.

213.130 1. A prisoner sentenced to imprisonment in the state prison may apply
to the board for parole. Such applications [shall]must be made on forms prescribed by the board
from time to time and [shall]must contain such data as will assist the board in
determining whether parole should be granted. The secretary of the board shall
furnish any prisoner an application form upon request.

2. Meetings for the purpose of
considering applications for parole [shall]must be held semiannually or more often, on such
dates as may be fixed by the board. All meetings must be
open to the public.

3. The victim of any person applying for parole may submit
documents to the board and may testify at the meeting held to consider the
application. No application for parole may be considered until the board has
notified the victim of his rights pursuant to this subsection and he is given
the opportunity to exercise those rights, if he so requests in writing and
provides his current address. If a current address is not provided, the board
may not be held responsible if such notification is not received by the victim.

4. The board may
deliberate in private after a public meeting held to consider an application
for parole.

5. The
board of state prison commissioners shall provide suitable and convenient rooms
or space for use of the board.

6. For the
purposes of this section, victim has the meaning ascribed to it in section 2
of this act.

________

CHAPTER 492, SB 445

Senate Bill No.
445Committee on Judiciary

CHAPTER 492

AN ACT relating to gaming; increasing fees
for issuance or renewal of licenses for manufacturers, sellers and distributors
of gaming devices; increasing certain license fees for a restricted operation;
imposing an added fee for licensing operators of slot machine routes; and
providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 463 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2,
3 and 4 of this act.

Sec. 2. Operator
of a slot machine route means a person who is engaged in the business of
placing slot machines upon the business premises of another under any agreement
whereby consideration is paid or payable for the placement of those slot
machines, whether the consideration is measured by a percentage of revenue
derived from the machines or by a fixed fee or otherwise.

Sec. 3. 1. In
addition to any other state license fees imposed by this chapter, the
commission shall, before issuing a state gaming license to an operator of a slot machine route, charge and collect from
him an annual license fee of $500.

to an operator of a slot machine
route, charge and collect from him an annual license fee of $500.

2. Each such
license must be issued for a calendar year beginning January 1 and ending
December 31. If the operation of the licensee is continuing, the commission
shall charge and collect the fee on or before December 31 for the ensuing
calendar year.

3. Except as
provided in NRS 463.386, the fee to be charged and collected under this section
is the full annual fee, without regard to the date of application for or
issuance of the license.

Sec. 4. The
commission shall, from time to time, adopt, amend or repeal such regulations,
consistent with the policy, objects and purposes of this chapter as it may deem
necessary or desirable in the public interest governing the operation of slot
machine routes, the licensing of their operators and the reports appropriate to
such an operation.

Sec. 5. NRS 463.013 is
hereby amended to read as follows:

463.013 As used in this chapter, the
words and terms defined in NRS 463.0134 to 463.0197, inclusive, and section 2 of this act, unless the context otherwise
requires, have the meanings ascribed to them in those sections.

463.013 As used
in this chapter, the words and terms defined in NRS 463.0134 to 463.0197,
inclusive, section 2 of [this act]Senate Bill No. 445 of this session, and section 1 of this
act, unless the context otherwise requires, have the meanings ascribed
to them in those sections.

Sec. 6. NRS 463.270 is
hereby amended to read as follows:

463.270 1. Subject to the
power of the commission to deny, revoke, suspend, condition or limit licenses,
any state license in force may be renewed by the commission for the next
succeeding license period upon proper application for renewal and payment of
state license fees and taxes as required by law and the regulations of the
commission.

2. All state gaming licenses are subject
to renewal on the 1st day of each January and all quarterly state gaming
licenses on the 1st day of each calendar quarter thereafter.

3. Application for renewal must be filed
with the commission and all state license fees and taxes required by law,
including without limitation NRS 463.370, 463.373 to 463.385, inclusive,
463.401, 463.660 and 464.040 [,]and section 3 of this act, must be paid to the
commission on or before the dates respectively provided by law for each fee or
tax.

4. Application for renewal of licenses
for slot machines only must be made by the operators of the locations where
such machines are situated.

5. Any person failing to pay any state
license fees or taxes due at the times respectively provided shall pay in
addition to such license fees or taxes a penalty of not less than $50 or 25
percent of the amount due, whichever is the greater, but in no case in excess
of $1,000. The penalty must be collected as are other
charges, license fees and penalties under this chapter.

penalty must be collected as are other charges, license fees
and penalties under this chapter.

6. Upon renewal of any state license, the
commission shall issue an appropriate renewal certificate or validating device
or sticker, which must be attached to each state gaming license so renewed.

7. Any person who operates, carries on or
exposes for play any gambling game, gaming device or slot machine or who
manufactures, sells or distributes any gaming device, equipment, material or
machine used in gaming, after his license becomes subject to renewal, and
thereafter fails to apply for renewal as provided in this section, is guilty of
a misdemeanor and, in addition to the penalties provided by law, is liable to
the State of Nevada for all license fees, taxes and penalties which would have
been due upon application for renewal.

8. If any licensee or other person fails
to renew his license as provided in this section the commission may order the
immediate closure of all his gaming activity [of the licensee] until the license is
renewed by the payment of the necessary fees, taxes, interest and any
penalties. Except for a license for which fees are based on the gross revenue
of the licensee, failure to renew a license within 30 days after the date
required by this chapter shall be deemed a surrender of the license.

463.270 1. Subject
to the power of the commission to deny, revoke, suspend, condition or limit
licenses, any state license in force may be renewed by the commission for the
next succeeding license period upon proper application for renewal and payment
of state license fees and taxes as required by law and the regulations of the
commission.

2. All state
gaming licenses are subject to renewal on the 1st day of each January and all
quarterly state gaming licenses on the 1st day of each calendar quarter
thereafter.

3. Application
for renewal must be filed with the commission and all state license fees and
taxes required by law, including without limitation NRS 463.370, 463.373 to
463.385, inclusive, 463.401, 463.660 and 464.040, and section 3 of this act,
must be paid to the commission on or before the dates respectively provided by
law for each fee or tax.

4. Application
for renewal of licenses for slot machines only must be made by the operators of
the locations where such machines are situated.

5. Any person
failing to pay any state license fees or taxes due at the times respectively
provided shall pay in addition to such license fees or taxes a penalty of not
less than $50 or 25 percent of the amount due, whichever is the greater, but in
no case in excess of $1,000. The penalty must be collected as are other
charges, license fees and penalties under this chapter.

6. Upon renewal
of any state license, the commission shall issue an appropriate renewal
certificate or validating device or sticker, which must
be attached to each state gaming license so renewed.

sticker, which must be attached to
each state gaming license so renewed.

7. Any person
who operates, carries on or exposes for play any gambling game, gaming device
or slot machine or who manufactures, sells or distributes any gaming device,
equipment, material or machine used in gaming, after his license becomes
subject to renewal, and thereafter fails to apply for renewal as provided in
this section, is guilty of a misdemeanor and, in addition to the penalties
provided by law, is liable to the State of Nevada for all license fees, taxes
and penalties which would have been due upon application for renewal.

8. If any
licensee or other person fails to renew his license as provided in this section
the commission may order the immediate closure of all his gaming activity until
the license is renewed by the payment of the necessary fees, taxes, interest
and any penalties. [Except for a license for
which fees are based on the gross revenue of the licensee, failure]Failure to renew a license within 30 days after
the date required by this chapter shall be deemed a surrender of the license.

Sec. 8. NRS 463.320 is hereby
amended to read as follows:

463.320 1. All gaming
license fees imposed by the provisions of NRS 463.370, 463.373, 463.375,
463.380 , [and]
463.383 and section 3 of this act must be
collected and disposed of as provided in this section.

2. All state gaming license fees and
penalties must be collected by the commission and paid over immediately to the
state treasurer to be disposed of as follows:

(a) All state gaming license fees and penalties
other than the license fees imposed by the provisions of NRS 463.380 must be
deposited for credit to the state general fund.

(b) All state gaming license fees imposed by the
provisions of NRS 463.380 must, after deduction of costs of administration and
collection, be divided equally among the various counties and transmitted to
the respective county treasurers. Such fees, except as otherwise provided in
this section, must be deposited by the county treasurer in the county general
fund and be expended for county purposes. If the board of county commissioners desires
to apportion and allocate all or a portion of such fees to one or more cities
or towns within the county, the board of county commissioners shall, annually,
before the preparation of the city or town budget or budgets as required by
chapter 354 of NRS, adopt a resolution so apportioning and allocating a
percentage of such fees anticipated to be received during the coming fiscal
year to such city or cities or town or towns for the next fiscal year
commencing July 1. After the adoption of the resolution the percentage so
apportioned and allocated must be converted to a dollar figure and included in
city or town budget or budgets as an estimated receipt for the next fiscal
year. Quarterly upon receipt of the money from the state, the county treasurer
shall deposit an amount of money equal to the percentage so apportioned and
allocated to the credit of the city or town fund to be used for city or town
purposes, and the balance remaining must be deposited in
the county general fund and must be expended for county purposes.

balance remaining must be deposited in the county general
fund and must be expended for county purposes.

Sec. 9. NRS 463.372 is
hereby amended to read as follows:

463.372 For purposes of administering the
quarterly state license fee imposed by NRS 463.373, the annual state license [fee]fees
imposed by NRS 463.375 [,]and section 3 of this act, and the annual tax imposed
by NRS 463.385, the commission shall prescribe by regulation the manner of
counting slot machines whose operations are related to one another.

Sec. 10. NRS 463.373 is
hereby amended to read as follows:

463.373 1. Before issuing a
state gaming license to an applicant for a restricted operation, the commission
shall charge and collect from [the applicant a
license fee of $35]him for each
slot machine for each quarter year [.]:

(a) A license fee of $35
if he will have at least one but not more than five slot machines.

(b) A license fee of $55
if he will have at least six but not more than 15 slot machines.

2. The commission shall charge and
collect the fee prescribed in subsection 1:

(a) On or before the last day of the last month
in a calendar quarter, for the ensuing calendar quarter, from a licensee whose
operation is continuing.

(b) In advance from a licensee who begins
operation or puts additional slot machines into play during a calendar quarter.

3. Except as provided in NRS 463.386, no
proration of the fee prescribed in subsection 1 may be allowed for any reason.

4. The operator of the location where
slot machines are situated shall pay the fee prescribed in subsection 1 upon
the total number of slot machines situated in that location, whether the
machines are owned by one or more licensee-owners.

Sec. 11. NRS 463.373 is
hereby amended to read as follows:

463.373 1. Before issuing a
state gaming license to an applicant for a restricted operation, the commission
shall charge and collect from him a license fee of $25
for each slot machine for each quarter year .[:

(a) A license fee of $35
if he will have at least one but not more than five slot machines.

(b) A license fee of $55
if he will have at least six but not more than 15 slot machines.]

2. The commission shall charge and
collect the fee prescribed in subsection 1:

(a) On or before the last day of the last month
in a calendar quarter, for the ensuing calendar quarter, from a licensee whose
operation is continuing.

(b) In advance from a licensee who begins
operation or puts additional slot machines into play during a calendar quarter.

3. Except as provided in NRS 463.386, no
proration of the fee prescribed in subsection 1 may be allowed for any reason.

4. The operator of the location where
slot machines are situated shall pay the fee prescribed
in subsection 1 upon the total number of slot machines situated in that
location, whether the machines are owned by one or more licensee-owners.

shall pay the fee prescribed in subsection 1 upon the total
number of slot machines situated in that location, whether the machines are
owned by one or more licensee-owners.

Sec. 12. NRS 463.386 is
hereby amended to read as follows:

463.386 1. If the commission
approves the issuance of a license [,]for gaming operations at the same location, or locations if the license is for the operation of a slot
machine route, within 30 days following a change described in subsection
2, for the purposes of NRS 463.370 and 463.373 to 463.385, inclusive, and section 3 of this act, the gaming license shall be
deemed transferred and the previously licensed operation shall be deemed a
continuing operation.

2. Credit must be granted for prepaid
license fees as described in subsection 1 if:

(a) The securities of a corporate gaming
licensee are or become publicly held or publicly traded and the gaming
operations of that corporation are transferred to a wholly owned subsidiary
corporation;

(b) A corporate gaming licensee is merged with
another corporation which is the surviving entity and at least 80 percent of
the surviving entity is owned by shareholders of the former licensee;

(c) A corporate gaming licensee is dissolved,
and the parent corporation of the dissolved corporation or a subsidiary
corporation of the parent corporation, at least 80 percent of which is owned by
the parent corporation, becomes the gaming licensee;

(d) A corporate gaming licensee or a gaming
licensee which is a partnership is reorganized pursuant to a plan of
reorganization approved by the commission, and a limited partnership is the
surviving entity;

(e) The assets of a gaming licensee who is a
sole proprietorship are transferred to a corporation and at least 80 percent of
the stock of the corporation is held by the former sole proprietor;

(f) A corporate gaming licensee is dissolved and
the assets of the gaming establishment are transferred to a sole proprietorship
in which the sole proprietor owned at least 80 percent of the stock of the
former corporation;

(g) Where a licensed gaming partnership is
dissolved and the assets of the gaming establishment are transferred to a sole
proprietorship in which the sole proprietor owned at least 80 percent of the
former partnership interests; or

(h) Where the assets of a gaming licensee who is
a sole proprietorship are transferred to a partnership in which 80 percent of
the ownership of the partnership interests are held by the former sole
proprietor.

3. Except as provided in this section, no
credit or refund of fees or taxes may be made because a gaming establishment
ceases operation.

Sec. 13. NRS 463.400 is
hereby amended to read as follows:

463.400 Any person who willfully fails to
report, pay or truthfully account for and pay over the license fees imposed by
NRS 463.370, 463.373 to 463.385, inclusive, [and]
463.390 [,]and
section 3 of this act, or willfully attempts in any manner to evade or
defeat any such tax or payment thereof, or any licensee who puts additional
games into play without authority of the commission to do so or any licensee
who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the
amount of the license fee evaded or not paid, collected or paid over.

in addition to the amount due liable for a penalty of the
amount of the license fee evaded or not paid, collected or paid over. The
penalty must be assessed and collected in the same manner as are other charges,
license fees and penalties under this chapter.

Sec. 14. NRS 463.660 is
hereby amended to read as follows:

463.660 1. The commission
shall charge and collect from each applicant a fee of:

(a) For the issuance or renewal of a
manufacturers license, [$500.]$1,000.

(b) For the issuance or renewal of a sellers or
distributors license, [$200.]$500.

2. All licenses [shall]must be issued for the calendar year and [shall] expire on December 31. Regardless
of the date of application or issuance of the license, the fee to be charged and
collected under this section [shall be]is the full annual fee.

3. All license fees collected pursuant to
this section [shall]must be paid over immediately to the state treasurer to
be deposited to the credit of the state general
fund.

Sec. 17. 1. This
section and sections 5.5, 15 and 16 of this act shall become effective on July
1, 1983.

2. Sections 1 to 5, inclusive, and 6 to
9, inclusive, 12, 13 and 14 of this act shall become effective on January 1,
1984.

3. Section 11 of this act shall become
effective on July 1, 1985.

________

CHAPTER 493, AB 616

Assembly Bill No.
616Assemblyman Beyer

CHAPTER 493

AN ACT relating to descriptions of land;
revising the systems of coordinates used in describing land; and providing
other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 327 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

1. On and after
publication of the North American datum of 1983 by
the National Geodetic Survey of the National Oceanic and Atmospheric
Administration, or the federal agency which succeeds it, the Nevada coordinate
system of 1983, which is a transverse Mercator projection of the North American
datum of 1983, is the sole coordinate system in Nevada for describing land.

by the National Geodetic Survey of
the National Oceanic and Atmospheric Administration, or the federal agency
which succeeds it, the Nevada coordinate system of 1983, which is a transverse
Mercator projection of the North American datum of 1983, is the sole coordinate
system in Nevada for describing land.

2. On and after
that date of publication, the Nevada coordinate system of 1927 may be used only
for purposes of reference.

Sec. 2. NRS 327.010 is
hereby amended to read as follows:

327.010 1. The system of
plane coordinates which has been established [by
the United States Coast and Geodetic Survey] for defining and
stating the positions or locations of points on the surface of the earth within
the State of Nevada [is hereafter to be known and]:

(a) By the United States
Coast and Geodetic Survey is designated as the Nevada coordinate system [.]of 1927.

(b) By the National
Geodetic Survey of the National Oceanic and Atmospheric Administration, or the
federal agency which succeeds it, is designated as the Nevada coordinate system
of 1983.

2. For the purpose of the use of [this system]these
systems the state is divided into an east zone, a central zone, and a
west zone.

[3.] The
area now included in [the following counties
shall constitute the east zone:]:

(a) Clark, Elko,
Eureka, Lincoln and White Pine [.

4. The area now
included in the following counties shall constitute the central zone:]counties constitutes the east zone.

327.020 1. As established
for use in the east zone, the Nevada coordinate system [shall]of 1927 or the Nevada coordinate system of 1983 must
be named, and in any land description in which it is used it[shall]must
be designated, the Nevada Coordinate System [,]of 1927, East [Zone.]Zone or the Nevada Coordinate System of 1983, East
Zone.

2. As established for use in the central
zone, the Nevada coordinate system [shall]of 1927, or the Nevada coordinate system of 1983 must
be named, and in any land description in which it is used it [shall]must
be designated, the Nevada Coordinate System [,]of 1927, Central [Zone.]Zone or the Nevada Coordinate System of 1983, Central
Zone.

3. As established for use in the west
zone, the Nevada coordinate system [shall]of 1927 or the Nevadacoordinate
system of 1983 must be named, and in any land description in which it is
used [shall]it must be designated, the Nevada Coordinate System [.]of 1927,
West [Zone.]Zone or the Nevada Coordinate System of 1983, West Zone.

327.030 1. The
plane coordinates of a point on the earths surface, to be used in expressing
the [position or] location of [such]the point
in the appropriate zone [of this system, shall], must consist of two distances, expressed in [feet]:

(a) Feet and
decimals of a foot [.]under the Nevada coordinate system of 1927; or

(b) Meters and decimals
of a meter under the Nevada coordinate system of 1983.

One of these distances, to be known as the x-coordinate, [shall]must give
the position in an east-and-west direction; the other, to be known as the
y-coordinate, [shall]must give the position in a north-and-south direction.

2. These
coordinates [shall]must be made to [depend
upon and] conform to the [coordinates,
on the Nevada coordinate system, of the triangulation and traverse stations of the
United States Coast and Geodetic Survey within the State of Nevada, as those
coordinates have been determined by the survey.]values of the plane rectangular coordinates for the monumented
stations which are shown in the North American Horizontal Geodetic Control
Network, as published by the National Geodetic Survey of the National Oceanic
and Atmospheric Administration or the federal agency which succeeds it, and
whose plane coordinates have been computed under systems defined in this
chapter. Any such station may be used for connecting a survey to either of the
Nevada systems.

3. As used in this
section, meter means exactly 39.37 inches.

Sec. 5. NRS 327.050 is
hereby amended to read as follows:

327.050 1. For purposes of
more [precisely]specifically defining the Nevada coordinate system [,]of 1927,
the following definition by the United States Coast and Geodetic Survey is
adopted:

(a) The Nevada coordinate system [,]of 1927,
east zone, is a transverse Mercator projection of the Clarke spheroid of 1866,
having a central meridian 115°35’ west of Greenwich, on which meridian the
scale is set at one part in 10,000 too small. The origin of coordinates is at
the intersection of the meridian 115°35’ west of Greenwich and the parallel 34°45’
north latitude. This origin is given the coordinates: x = 500,000 feet and y =
0 feet.

(b) The Nevada coordinate system [,]of 1927,
central zone, is a transverse Mercator projection of the Clarke spheroid of
1866, having a central meridian 116°40’ west of Greenwich, on which meridian the
scale is set at one part in 10,000 too small. The origin of coordinates is at
the intersection of the meridian 116°40’ west of Greenwich and the parallel 34°45’
north latitude. This origin is given the coordinates: x = 500,000 feet and y =
0 feet.

(c) The Nevada coordinate system [,]of 1927,
west zone, is a transverse Mercator projection of the Clarke spheroid of 1866,
having a central meridian 118°35’ west of Greenwich, on which meridian the
scale is set at one part in 10,000 too small. The origin of coordinates is at
the intersection of the meridian 118°35’ west of Greenwich and the parallel 34(45( north latitude.

the parallel 34°45’ north latitude. This origin is
given the coordinates: x = 500,000 feet and y = 0 feet.

2. [The
position of the Nevada coordinate system shall be as marked on the ground by
triangulation or traverse stations established in conformity with standards
adopted by the United States Coast and Geodetic Survey for first-order and
second-order work, whose geodetic positions have been rigidly adjusted on the
North American datum of 1927, and whose coordinates have been computed on the
system herein defined. Any such station may be used for establishing a survey
connection with the Nevada coordinate system.]For purposes of more specifically defining the Nevada coordinate
system of 1983, the following definition by the National Geodetic Survey of the
National Oceanic and Atmospheric Administration is adopted:

(a) The Nevada coordinate
system of 1983, east zone, is a transverse Mercator projection of the North
American datum of 1983, having a central meridian 115°35’ west of Greenwich,
on which meridian the scale is set at one part in 10,000 too small. The origin
of coordinates is at the intersection of the meridian 115°35’ west of Greenwich
and the parallel 34°45’ north latitude. This
origin is given the coordinates: x = 200,000 meters and y = 8,000,000 meters.

(b) The Nevada coordinate
system of 1983, central zone, is a transverse Mercator projection of the North
American datum of 1983, having a central meridian 116°40’ west of Greenwich,
on which meridian the scale is set at one part in 10,000 too small. The origin
of coordinates is at the intersection of the meridian 116°40’ west of Greenwich
and the parallel 34°45’ north latitude. This
origin is given the coordinates: x = 500,000 meters and y = 6,000,000 meters.

(c) The Nevada coordinate
system of 1983, west zone, is a transverse Mercator projection of the North
American datum of 1983, having a central meridian 118°35’ west of Greenwich,
on which meridian the scale is set at one part in 10,000 too small. The origin
of coordinates is at the intersection of the meridian 118°35’ west of Greenwich
and the parallel 34°45’ north latitude. This
origin is given the coordinates: x = 800,000 meters and y = 4,000,000 meters.

Sec. 6. NRS 327.060 is
hereby amended to read as follows:

327.060 No coordinate based on either of the Nevada coordinate [system,
purporting]systems which purports to
define the position of a point on a land boundary [,
shall]may be presented to be
recorded in any public land records or deed records unless [such point is within one-half mile of a triangulation
or traverse station established in conformity with the standards prescribed in
NRS 327.050; but the one-half-mile limitation may be modified by a duly
authorized state agency to meet local conditions.]the document to be recorded contains:

1. A description
of the monumented station or stations from which the coordinates being recorded
have been determined.

2. Annotations
which accompany the values for state plane coordinates and clearly describe the
method and accuracy of the determinations.

327.070 The use of the term Nevada
Coordinate [System]System of 1927 or Nevada Coordinate System of 1983 on
any map, report of survey, or other document [shall
be limited to]is limited to use for coordinates
based on the [Nevada coordinate]
system as defined in this chapter.

Sec. 8. NRS 327.090 is
hereby amended to read as follows:

327.090 Nothing contained in this chapter
[shall require]requires any purchaser or mortgagee of real property to rely on a land
description, any part of which depends exclusively upon [the Nevada coordinate system.]either of the systems established by this chapter.

Sec. 9. NRS 327.080 is
hereby repealed.

Sec. 10. Sections 1 to 9,
inclusive, of this act shall become effective upon proclamation by the governor
of this state of the official publication of the North American datum of 1983
by the National Geodetic Survey of the National Oceanic and Atmospheric
Administration.

________

CHAPTER 494, SB 370

Senate Bill No.
370Committee on Government Affairs

CHAPTER 494

AN ACT relating to insurance coverage of
state employees; pro-viding for self-insurance of certain risks; and providing
other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 287 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 4, inclusive, of this act.

Sec. 2. The
committee on group insurance may establish a plan of life, accident or health
insurance by creating a self-insurance reserve fund and provide for the payment
of contributions into the fund, a schedule of benefits and the disbursement of
benefits from the fund. Payments into and disbursements from the fund must be
so arranged as to keep the fund solvent.

Sec. 3. 1. If
any plan of self-insurance is adopted by the committee on group insurance,
there is created a self-insurance fund as a trust fund for the purpose of
receiving contributions.

2. The money in
the fund must be invested as other money of the state is invested and any
income therefrom paid into the fund for the benefit of the fund.

3. Disbursements
from the fund must be made as any other claims against the state are paid.

4. The state
treasurer may charge a reasonable fee for his services in administering the
fund, but the state, the state general fund and the state treasurer are not
liable to the fund for any loss sustained by the fund
as a result of any investment made on behalf of the fund or any loss sustained
in the operation of the plan of self-insurance.

fund as a result of any investment
made on behalf of the fund or any loss sustained in the operation of the plan
of self-insurance.

Sec. 4. The
committee on group insurance may employ professional, technical and clerical
personnel as necessary to assist it in the operation of the plan of
self-insurance. These employees are subject to the provisions of chapter 284 of
NRS. Their salaries and other costs must be paid out of the self-insurance
fund. The committee shall prepare a budget for these costs and submit the
budget to the interim finance committee for its approval.

Sec. 5. (Deleted by
amendment.)

Sec. 6. (Deleted by
amendment.)

Sec. 7. NRS 287.043 is
hereby amended to read as follows:

287.043 The committee on group insurance
shall:

1. Act as an advisory body on matters
relating to group life, accident or health insurance, or any combination
thereof, for the benefit of all state officers and employees.

2. Negotiate and contract with the
governing body of any public agency enumerated in NRS 287.010 which is desirous
of obtaining group insurance for its officers and employees by participation in
the state group insurance program.

3. Purchase policies of life, accident or
health insurance, or any combination thereof, from any insurance company
qualified to do business in this state or provide
similar coverage through a plan of self-insurance for the benefit of all
eligible public officers and employees who elect to participate in the [states]state group
insurance program.

4. Consult the state risk manager and
obtain his advice in the performance of the duties set forth in this section.

5. Adopt such regulations and perform
such other duties as may be necessary to carry out the provisions of NRS
287.041 to 287.049, inclusive [.], and sections 2 to 4, inclusive, of this act.

Sec. 8. NRS 287.044 is
hereby amended to read as follows:

287.044 1. A part of the
cost of the [monthly premiums of]premiums or contributions for that group insurance, not
to exceed [$75 for the 1981-82 fiscal year or
$86.25 for each fiscal year thereafter,]$86.25
on a monthly basis, applied to both group life and group accident or
health coverage, for each public officer, except a senator or assemblyman, or
employee electing to participate in the group insurance program, may be paid by
the department, agency, commission or public agency which employs the officer
or employee in whose behalf that part is paid from money appropriated to or
authorized for that department, agency, commission or public agency for that
purpose. State participation in the cost of [monthly]
premiums or contributions must not exceed the
amounts specified in this subsection. If an officer or employee chooses to
cover his dependents, whenever this option is made available by the committee
on group insurance, he must pay the difference between the amount of the
premium or contribution for the coverage for
himself and his dependents and the amount paid by the state under this section.

2. A department, agency, commission or
public agency shall not pay any part of those premiums if
the group life insurance or group accident or health insurance is not approved
by the committee on group insurance.

pay any part of those premiums if the group life insurance
or group accident or health insurance is not approved by the committee on group
insurance.

Sec. 9. NRS 287.046 is
hereby amended to read as follows:

287.046 1. Except as
provided in subsection 3, any state or other participating officer or employee
who elects to participate in the [states]state group insurance program may participate,
and the department, agency, commission or public agency which employs the
officer or employee shall pay the states share of the cost of the premiums [of]or
contributions for the group insurance from money appropriated or
authorized as provided in NRS 287.044. Employees who elect to participate in
the states group insurance program must authorize deductions from their
compensation for the payment of premiums or
contributions on the insurance.

2. The department of personnel shall pay
the amount provided by law for that fiscal year toward the cost of the premiums
[of]or
contributions for group insurance for persons retired from the service
of the state who have continued to participate. The department shall agree
through the committee on group insurance with the insurer for billing of
remaining premiums or contributions to the
retired participants.

3. A senator or assemblyman who elects to
participate in the [states]state group insurance program shall pay the entire
premium or contribution for his insurance.

Sec. 10. NRS 287.047 is
hereby amended to read as follows:

287.047 If the retention is consistent
with the terms of any agreement between the state and the insurance company
which issued the policies pursuant to the program [:]or with the plan of self-insurance:

1. Upon the termination of his employment
other than by retirement, any state or other participating officer or employee,
except a senator or assemblyman, may retain his membership in the [states]state group
insurance program, but no part of the cost of the premiums
or contributions for the group insurance [premiums]
may thereafter be paid by the department, agency, commission or public agency
which employed the officer or employee.

2. Upon retirement from the service of
the state, a participating state employee may retain his membership in the [states]state group
insurance program.

3. Upon retirement from the service of
the state, or upon completion of 8 years of service as such, a participating
legislator may retain his membership in the states group insurance program.

Sec. 11. NRS 287.048 is
hereby amended to read as follows:

287.048 [Nothing
contained in] NRS 287.041 to 287.047, inclusive, [shall be construed to make it compulsory upon]and sections 2 to 4, inclusive, of this act do not
require any officer or employee of the State of Nevada or of a
participating public agency to accept or join the [states]state group insurance program, or to assign his
wages or salary to or authorize deductions from his wages or salary in payment
of premiums or contributions for group insurance

287.049 The cost of [insurance] premiums or contributions for group insurance as provided in NRS
287.044 [shall]must be budgeted for as other expenditures of the state
are budgeted for.

Sec. 13. Sections 9 and 10
of this act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 495, AB 670

Assembly Bill No.
670Committee on Ways and Means

CHAPTER 495

AN ACT relating to the Western Interstate
Commission for Higher Education; reducing the residency requirement for
eligibility for contract places; and providing other matters properly relating
thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 397.060 is
hereby amended to read as follows:

397.060 The commissioners shall:

1. Choose from among Nevada residents who
apply, and have at least [5 years]1 years prior residence in this state, those
most qualified for contract places; and

2. Certify them to receiving
institutions.

________

CHAPTER 496, SB 477

Senate Bill No. 477Committee
on Finance

CHAPTER 496

AN ACT making an appropriation from the
state general fund to the legislative fund.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the legislative fund existing
pursuant to the provisions of NRS 218.085 the sum of $150,000.

Sec. 2. This act shall
become effective upon passage and approval.

________

κ1983
Statutes of Nevada, Page 1346κ

CHAPTER 497, AB 246

Assembly Bill No. 246Committee
on Judiciary

CHAPTER 497

AN ACT relating to criminal procedure;
authorizing the granting of immunity in preliminary examinations; and providing
other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 178.572 is
hereby amended to read as follows:

178.572 In any investigation before a
grand jury, or any preliminary examination or
trial in any court of record , [or justices court,] the court on motion
of the state may order that any material witness be released from all liability
to be prosecuted or punished on account of any testimony or other evidence he
may be required to produce.

________

CHAPTER 498, AB 541

Assembly Bill No.
541Committee on Ways and Means

CHAPTER 498

AN ACT making an additional and
supplemental appropriation to the department of taxation for data processing;
and providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the department of taxation the sum
of $28,750 for data processing required for new programs. This appropriation is
additional and supplemental to that allowed and made by section 12 of chapter
709, Statutes of Nevada 1981, at page 1719.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1983, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act shall
become effective upon passage and approval.

________

κ1983
Statutes of Nevada, Page 1347κ

CHAPTER 499, AB 666

Assembly Bill No.
666Assemblyman Bogaert

CHAPTER 499

AN ACT relating to state symbols;
designating the state colors as silver and blue; and providing other matters
properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 235 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

The colors silver and blue are
hereby designated as the official state colors of the State of Nevada.

________

CHAPTER 500, AB 668

Assembly Bill No.
668Committee on Ways and Means

CHAPTER 500

AN ACT relating to department of general
services; placing the chief of the motor pool division in the unclassified
service of the state; and providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 232.200 is
hereby amended to read as follows:

232.200 1. The
chief of each of the divisions of the department [shall
serve]serves at the pleasure of
the director, but , except as provided in subsection 2, for
all purposes except removal [shall be]is in the classified service of the state
pursuant to the provisions of chapter 284 of NRS.

2. The chief of
the motor pool division if separately established is in the unclassified
service of the state.

Section 1. Title 52 of NRS
is hereby amended by adding thereto a new chapter to consist of the provisions
set forth as sections 2 to 10, inclusive, of this act.

Sec. 2. As used in this
chapter unless the context otherwise requires, the words and terms defined in
sections 3 and 4, of this act have the meanings ascribed to them in those
sections.

Sec. 3. Computer means an
electrical device which performs arithmetic or logical functions on information
that is recorded in the form of electronic or magnetic impulses, and includes
any device connected to a computer for the purpose of communicating,
processing, storing or retrieving such information. The term does not include a
device such as a radio or television transmitter or receiver, television
camera, video tape recorder, sound recorder, phonograph or similar device which
is used for reproducing information in aural or visual form without changing
the nature or content of the information, unless such a device is connected to
and used by a computer.

Sec. 4. Program means a
series of statements or instructions in words, numbers or other symbols which
are used or to be used directly or indirectly in a computer to bring about an
intended result. The term includes the statements or instructions of a program
in a form acceptable to a computer or a representation of the statements or
instructions in any other form, including the charts and documents used in the
design and writing of the program.

Sec. 5. It is an unfair
trade practice for a person:

1. To obtain possession of or access to a
proprietary program or the data stored in a computer with intent to:

(a) Deprive or withhold from the owner his
control over that program or data; or

(b) Convert that program or data to his own use
or the use of another.

2. With the consent of the owner, to
obtain possession of or access to a proprietary program or the data stored in a
computer and thereafter, without the consent of the owner, to:

(a) Convert that program or data to his own use
or the use of another; or

(b) Make or cause to be made a copy of that data
or the statements or instructions of that program or to
exhibit that program or data to another.

or instructions of that program or to exhibit that program
or data to another.

3. By force, violence, threat, bribe,
reward or offer of anything of value on or to another person or a member of his
family, to obtain or attempt to obtain from that other person an unauthorized
copy of a proprietary program or the data stored in a computer.

4. To enter on the premises of another
with intent to obtain the unauthorized possession of or access to a proprietary
program or the data stored in a computer.

Sec. 6. 1. In a
civil action alleging an unfair trade practice respecting a program, it is
presumed that a program is proprietary if the person alleging ownership of the
program shows that he made the program or obtained the exclusive right to
manufacture, market and sell, lease, rent or license the program for use and
that he maintained the proprietary nature of the program by giving notice
thereof.

2. Such a notice is sufficient if the
program, when:

(a) Compiled in a computer and retrieved for the
visual display of its statements or instructions, is accompanied by a statement
that it is confidential or proprietary.

(b) Operated in a computer, either at the
beginning of its operation or when the results of the program are displayed
visually, displays a statement that the program is confidential or proprietary.

(c) Sold to the public or leased, rented or
licensed for use, bears on its package or container a statement that the
program is proprietary.

A statement that the owner or manufacturer retains the right
to copy the program is equivalent to a statement that the program is
proprietary.

Sec. 7. It is an
infringement of a trade secret for a person, without the consent of the owner,
to obtain possession of or access to a proprietary program or a compilation of
proprietary information that is stored as data in a computer and make or cause
to be made a copy of that program or data if the program or data:

1. Is used in the owners business;

2. Gives the owner an opportunity to
obtain an advantage over competitors who do not know or use it;

3. Is treated by the owner as secret; and

4. Is not copyrighted because an
application therefor would result in the program or data no longer being
secret.

Sec. 8. 1. The
owner of the rights to a proprietary program or the data stored in a computer
may bring a civil action to enjoin:

(a) Unfair trade practices respecting that
program or data; or

(b) Infringement of a trade secret respecting
that program or data.

2. A court of competent jurisdiction may:

(a) Grant such injunctions to restrain the
unfair trade practices or infringements of a trade secret as it deems just and
reasonable;

(b) Require a defendant to pay to the owner all
profits derived from his wrongful acts and all damage
suffered by the owner because of those acts; and

his wrongful acts and all damage suffered by the owner
because of those acts; and

(c) Order all copies of such a program or data
which is in the possession or control of a defendant to be delivered to the
owner or to an officer of the court for destruction.

Sec. 9. The civil remedies
provided in this chapter:

1. Do not preclude the prosecution of a
defendant under the penal laws of this state.

2. Are in addition to any rights or
remedies to which the owner of a proprietary program or data stored in a
computer is entitled under the common law.

Sec. 10. A governmental
agency which obtains a proprietary program or the data stored in a computer
must keep the program or data confidential. The governmental agency may only
use the program or data for the purpose for which it was obtained, and may not
release the program or data without the prior written consent of the owner.

________

CHAPTER 502, SB 452

Senate Bill No.
452Committee on Government Affairs

CHAPTER 502

AN ACT relating to contractors; requiring
the employment security department and the state industrial insurance system to
make available a list of those subcontractors who are delinquent in paying
premiums for industrial insurance or payments for unemployment compensation;
reducing the time for suits against a contractor for wages, benefits or
contributions or premiums on account of a subcontractors employee; and
providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 624 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

The employment security
department and the state industrial insurance system shall make available, upon
request, to any licensed contractor the names and addresses of subcontractors
who are delinquent in paying the amounts owed by the subcontractor to the:

1. Department for
benefits for unemployment pursuant to chapter 612 of NRS; and

2. System for
premiums for industrial insurance.

Sec. 2. Chapter 11 of NRS is
hereby amended by adding thereto a new section which shall read as follows:

1. No action
against a principal contractor for the recovery of wages due an employee of a subcontractor or contributions or
premiums required to be made or paid on his account may be commenced more than:

wages due an employee of a
subcontractor or contributions or premiums required to be made or paid on his
account may be commenced more than:

(a) Two years, if the
principal contractor is located in Nevada; or

(b) Three years, if the
principal contractor is located outside this state,

after the date the employee should
have received those wages from or those contributions or premiums should have
been made or paid by the subcontractor.

2. No action
against a principal contractor for the recovery of benefits due an employee of
a subcontractor may be commenced more than:

(a) Three years, if the
principal contractor is located in Nevada; or

(b) Four years, if the
principal contractor is located outside this state,

after the date the employee should
have received those benefits from the subcontractor.

________

CHAPTER 503, SB 271

Senate Bill No.
271Senator Jacobsen

CHAPTER 503

AN ACT relating to searches and rescues;
establishing a board of search and rescue, a committee on training in search
and rescue and the position of coordinator of search and rescue and specifying
their powers and duties; authorizing industrial insurance for certain members
of the Civil Air Patrol; authorizing sheriffs to conduct searches and rescues;
and providing other matters properly relating thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 414 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 17, inclusive, of this act.

Sec. 2. Board
means the board of search and rescue.

Sec. 3. Committee
means the committee on training in search and rescue.

Sec. 4. Coordinator
means the coordinator of search and rescue.

Sec. 5. Director
means the director of the division of emergency management.

Sec. 6. Emergency
management means the preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily
responsible, to prevent, minimize and repair injury and damage resulting from
disasters caused by enemy attack, sabotage or
other hostile action, or by fire, flood, earthquake or other natural causes.

attack, sabotage or other hostile
action, or by fire, flood, earthquake or other natural causes. These functions
include firefighting, police services, medical and health services, searches,
rescues, engineering, air raid warning services, communications, radiological,
chemical and other special weapons of defense, evacuation of persons from
stricken areas, emergency welfare services (civilian war aid), emergency
transportation, existing or properly assigned functions of plant protection,
temporary restoration of public ultility services, and other functions related
to civilian protection, together with all other activities necessary or
incidental to the preparation for and carrying out of the foregoing functions.

Sec. 7. Local organization
for emergency management means an organization created in accordance with the
provisions of this chapter by state or local authority to perform local
functions of emergency management.

Sec. 8. Mobile
support unit means an organization for emergency management created in
accordance with the provisions of this chapter by state or local authority to
be dispatched by the governor to supplement local organizations for emergency
management in a stricken area.

Sec. 9. Political
subdivision means a city or county.

Sec. 10. 1. The
board of search and rescue, consisting of eight members appointed by the
director, is hereby created. The director shall appoint:

(a) One member who is a
representative of the Nevada highway patrol;

(b) One member who is a
representative of the Nevada Wing of the Civil Air Patrol;

(c) One member who is a
representative of the Nevada National Guard;

(d) One member who is a
representative of the sheriffs of Nevada;

(e) One member who is a
representative of the medical profession;

(f) One member who is a
representative of the division of forestry of the state department of
conservation and natural resources;

(g) One member who is a
representative of organizations which specialize in search and rescue; and

(h) One member who is a
representative of the Nevada Fire Chiefs Association or its legal successor.
If the association ceases to exist and no legal successor is formed, the
director shall appoint one member who is a fire chief.

2. The term of
office of each member of the board is 2 years.

Sec. 11. The
board shall:

1. Meet at the
call of the director and at least once every 6 months;

2. Provide
direction and guidance for the coordinator;

3. Formulate
policy regarding search and rescue; and

4. Carry out the
other duties assigned to it in this chapter.

Sec. 12. The
board may, by majority vote, adopt regulations for the administration of laws
regarding searches and rescues.

Sec. 13. The
director, with the advice of the board, shall appoint a coordinator of search
and rescue.

Sec. 14. The
coordinator shall:

1. Identify,
inventory and coordinate resources available for searches and rescues;

2. Investigate and
apply for grants and other financial assistance for search and rescue;

3. Maintain statistics
regarding searches and rescues;

4. Coordinate
assistance during searches and rescues involving two or more counties;

5. Act as liaison
with other states operations involving searches and rescues;

6. Provide assistance,
upon request, to sheriffs during searches and rescues;

7. Prepare a plan
for searches and rescues;

8. Establish and
maintain a system of communication for use throughout the state for operations
relating to searches and rescues; and

9. Prepare and
distribute publications relating to searches and rescues.

Sec. 15. The
committee on training in search and rescue, consisting of three members
appointed by the coordinator with the advice of the board, is hereby created.

Sec. 16. The
committee shall:

1. Meet at the
call of the coordinator and at least once every 6 months;

2. Establish
recommendations for organizations specializing in search and rescue, and
certify organizations which meet those recommendations at the appropriate
level;

3. Maintain a list
of all certified organizations and their resources; and

4. Coordinate
training in techniques of search and rescue.

Sec. 17. The
committee may adopt regulations necessary to carry out the duties assigned to
it in this chapter.

Sec. 18. NRS 414.030 is
hereby amended to read as follows:

414.030 As used in this chapter [:

1. Emergency
management means the preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily responsible,
to prevent, minimize and repair injury and damage resulting from disasters
caused by enemy attack, sabotage or other hostile action, or by fire, flood,
earthquake or other natural causes. These functions include, without
limitation, firefighting, law enforcement, medical and health services, rescue,
engineering, air raid warning, communications, radiological, chemical and other
special weapons of defense, evacuation of persons from stricken areas,
emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of
plant protection, temporary restoration of public utility services, and other
functions related to civilian protection, together with all other activities
necessary or incidental to the preparation for and carrying out of the
foregoing functions.

transportation, existing or properly
assigned functions of plant protection, temporary restoration of public utility
services, and other functions related to civilian protection, together with all
other activities necessary or incidental to the preparation for and carrying
out of the foregoing functions.

2. Local
organization for emergency management means an organization created in
accordance with the provisions of this chapter by state or local authority to
perform local functions of emergency management.

3. Mobile support
unit means an organization for emergency management created in accordance with
the provisions of this chapter by state or local authority to be dispatched by
the governor to supplement local organizations for emergency management in a
stricken area.

4. Political
subdivision means a city or county.],
the words and terms defined in sections 2 to 9, inclusive, of this act have the
meanings ascribed to them in those sections.

Sec. 19. Chapter 248 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

The sheriff is responsible for
searches and rescues within his county.

Sec. 20. Chapter 616 of NRS
is hereby amended by adding thereto a new section which shall read as follows:

A member of the Nevada Wing of
the Civil Air Patrol who participates:

1. In a mission;
or

2. In training,

which has been authorized by the
division of emergency management of the department of the military shall be
deemed for the purposes of this chapter to be an employee of the division at
the wage of $600 per month and, in the event of injury during such a mission or
training, is entitled to the benefits of this chapter.

Sec. 21. Section 18 of this
act shall become effective at 12:01 a.m. on July 1, 1983.

________

CHAPTER 504, AB 426

Assembly Bill No.
426Committee on Judiciary

CHAPTER 504

AN ACT relating to mobile home parks;
requiring landlords to meet with tenants to hear complaints and suggestions;
making various other changes; and providing other matters properly relating
thereto.

[Approved May 25, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 118 of
NRS is hereby amended by adding thereto the provisions set forth as sections 3
and 3.5, inclusive, of this act.

Sec. 3. 1. Within
20 days after the receipt by the landlord or his agent of a written request
which has been signed by 25 percent of the tenants occupying the park, the
landlord or his agent shall meet with a representative group of tenants to hear
any complaints or suggestions which concern a matter relevant to the park.

2. At least 10
days before any meeting is held pursuant to this section the landlord or his
agent shall post a notice of the meeting in a conspicuous place in a common
area of the park.

Sec. 3.5. Any landlord who violates any of the provisions of NRS 118.230
to 118.340, inclusive:

1. For the first
time, shall pay a civil penalty of not more than $250.

2. For the second
time, shall pay a civil penalty of not more than $500.

3. For the third
time or more, shall pay a civil penalty of not more than $1,000.

Sec. 4. NRS 118.241 is
hereby amended to read as follows:

118.241 1. A written rental
contract or lease must be executed between a landlord and tenant to rent or
lease any mobile home lot at the request of either the landlord or the tenant.
The landlord shall give the tenant [is entitled to receive] a copy of the
contract or lease [upon signing it.]at the time the tenant signs it.

2. The written rental contract or lease
must contain but is not limited to provisions relating to the following
subjects:

(a) Duration of the agreement.

(b) Amount of rent, the manner and time of its
payment and the amount of any charges for late payment and dishonored checks.

(c) Restrictions on and charges for occupancy by
children or pets.

(d) Services and utilities included with the lot
rental and the responsibility of maintaining or paying for the services and
utilities.

(e) Fees which may be required and the purposes
for which they are required.

(f) Deposits which may be required and the
conditions for their refund.

(g) Maintenance which the tenant is required to
perform and any appurtenances he is required to provide.

(h) The name and address of the owner of the
mobile home park and his authorized agent.

(i) Any restrictions on subletting.

(j) The number of and charges for persons who
are to occupy a mobile home or recreational vehicle on the lot and their ages.

(k) Any recreational facilities and other
amenities provided to the tenant and any deposits or fees required for their
use.

(l) Any restriction of all or part of the park
to adults or older persons.

118.247 1. The landlord
shall disclose in writing to each tenant the name and address of:

(a) The [persons]person authorized to manage the mobile home park;

(b) A person authorized to receive service of
process for the landlord; and

(c) The [principal
or corporate] owner of the mobile home park,

and any change thereof.

2. The information [shall]must be
furnished in writing to each new tenant on or before the commencement of his
tenancy . [or upon
request.]

Sec. 6. NRS 118.251 is
hereby amended to read as follows:

118.251 The landlord shall:

1. Keep all common areas of the park in a
clean and safe condition; and

2. Maintain in good working order all
electrical, plumbing and sanitary facilities [and], appliances and
recreational facilities which he furnishes, except that repeated damage
from misuse or vandalism is grounds for suspension of maintenance or repair of
a facility or appliance.

Sec. 7. NRS 118.260 is
hereby amended to read as follows:

118.260 1. The landlord may
adopt rules or regulations concerning the tenants use and occupancy of the
mobile home lot and the grounds, areas and facilities of the mobile home park
held out for the use of tenants generally.

2. All such rules and regulations must
be:

(a) Reasonably related to the purpose for which
they are adopted;

(b) Sufficiently explicit in their prohibition,
direction or limitation to inform the tenant of what he must do or not do for
compliance;

(c) Adopted in good faith and not for the
purpose of evading any obligation of the landlord arising under the law;

(d) Consistent with a general plan of operation,
construction or improvement, and must not arbitrarily restrict conduct or
require any capital improvement by the tenant which is not specified in the
rental agreement or unreasonably require a change in any capital improvement
made by the tenant and previously approved by the landlord unless the landlord
can show that it is in the best interest of the other tenants; and

(e) Uniformly enforced against all tenants in
the park, including the managers. Any rule or regulation which is not so
uniformly enforced may not be enforced against any tenant.

3. No rule or regulation may be used to
impose any additional charge for occupancy of a mobile home lot or modify the
terms of a lease or rental agreement.

4. Except as provided in subsection 5, a
rule or regulation is enforceable against the tenant only if he has notice of
it at the time he enters into the rental agreement.

enters into the rental agreement. A rule or regulation
adopted or amended after the tenant enters into the rental agreement is not
enforceable unless the tenant consents to it in writing or is given 60 days
notice of it in writing. A notice in a periodic publication of the park does
not meet the requirement for notice under this subsection.

5. A rule or regulation pertaining to
recreational facilities in the mobile home park must be in writing to be enforceable.
Such rules and regulations may be amended and enforced by the landlord without
the tenants consent if the tenant is given [10]30 days written notice of the amendment.

6. The landlord may adopt any rules or
regulations which are not inconsistent with the provisions of this chapter.

Sec. 8. NRS 118.272 is
hereby amended to read as follows:

118.272 The landlord or his agent or
employee shall not:

1. Increase rent or service fees unless:

(a) The rental rates or the increase in service
fees applies in a uniform manner to all tenants similarly located in mobile
homes of similar size on the same class of lot, either double or single, or, if
it is a service fee, to a given circumstance, except that a discount may be
selectively given to persons who are handicapped or who are 62 years of age or
older; and

(b) Written notice advising a tenant of the
increase is received by the tenant 90 days in advance of the first payment to
be increased and written notice of the increase is given to prospective tenants
before commencement of their tenancy.

2. Require a tenant to pay his rent by
check.

3. [Prohibit]Except as otherwise provided in this subsection,
prohibit or require fees for any meetings held in the parks community
or [recreation]recreational facility by the tenants or occupants of
any mobile home or recreational vehicle in the park to discuss the parks
affairs, or any tenant-sponsored political meeting, if the meetings are held at
reasonable hours and when the facility is not otherwise in use, or prohibit the
distribution of notices of such meetings.

4. Interrupt, with the intent to
terminate occupancy any utility service furnished the tenant except for
nonpayment of utility charges when due. Any landlord who violates this
subsection is liable to the tenant for actual damages.

5. Prohibit a tenant from having guests,
but he may require the tenant to register the guest within 48 hours after his
arrival, Sundays and holidays excluded, and if the park is a secured park a
guest may be required to register upon entering and leaving.

6. Prohibit any
tenant from soliciting dues from the members of any association which is formed
by the tenants who live in the park. For purposes of this subsection, solicit
means to make an oral or written request for the payment of dues or to
distribute, circulate or post a notice for payment of such dues.

7. Prohibit a
public officer or candidate for public office from walking through the park to
talk with the tenants.

118.291 1. An oral or
written agreement between a landlord and tenant for the
rental or lease of a mobile home lot in a mobile home park in this state
must not be terminated by the landlord except upon notice in writing to the
tenant served in the manner provided in NRS 40.280;

(a) Five days in advance if the termination is
because the conduct of the tenant constitutes a nuisance as described in
subsection 7 of NRS 118.295.

(b) Ten days in advance if the termination is
because of failure of the tenant to pay rent, utility charges or reasonable
service fees.

(c) Ninety days in advance if the termination is
because of a change in the use of the land by the landlord pursuant to NRS
118.285.

(d) Forty-five days in advance if the
termination is for any other reason.

2. The landlord shall specify in the
notice the reason for the termination of the agreement. The reason relied upon
for the termination must be set forth with specific facts so that the date,
place and circumstances concerning the reason for the termination can be
determined. The termination must be in accordance with the provisions of NRS
118.295 and reference alone to a provision of that section does not constitute
sufficient specificity under this subsection.

3. The service of
such a notice does not enhance the landlords right, if any, to enter the
tenants mobile home. Except in an emergency, the landlord shall not enter the
mobile home of the tenant served with such a notice without the tenants
permission or a court order allowing the entry.

[3.]4. If a tenant remains in possession of
the mobile home lot with the landlords consent after expiration of the term of
the rental agreement, the tenancy is from week-to-week in the case of a tenant
who pays weekly rent, and in all other cases the tenancy is from
month-to-month. The tenants continued occupancy is on the same terms and
conditions as were contained in the rental agreement unless specifically agreed
otherwise in writing.

[4.]5. The landlord and tenant may agree to a
specific date for termination of the agreement. If any provision of this
chapter specifies a period of notice which is longer than the period of a
particular tenancy, the required length of the period of notice is controlling.

Sec. 10. NRS 108.290 is
hereby amended to read as follows:

108.290 1. Except as
provided in subsection 2, any lien in excess of $750 acquired as provided in
NRS 108.270 to 108.360, inclusive, is a secondary lien when the motor vehicle,
airplane, motorcycle, motor or airplane equipment, or trailer in question is
the subject of a secured transaction.

2. The lien of a trailer park keeper may
not exceed [$200]$2,000 or the total amount due and unpaid [for 4 months] for rentals and utilities,
whichever is the lesser.

AN ACT relating to older persons; lowering
the threshold of age for protection under statutes which prohibit abuse and
neglect of older persons and require reporting of such abuse and neglect;
providing penalties; and providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 200.5092 is
hereby amended to read as follows:

200.5092 As used in NRS 200.5091 to
200.5099, inclusive, unless the context otherwise requires:

1. Abuse means willful and unjustified:

(a) Infliction of pain, injury or mental
anguish; or

(b) Deprivation of food, shelter, clothing or
services which are necessary to maintain the physical or mental health of an
older person.

2. Exploitation means wrongful use of
an older person or his money or property to the advantage of another if the
older person is unable to care for himself.

3. Neglect means the failure of:

(a) A person who has assumed legal
responsibility or a contractual obligation for caring for an older person who
is unable to care for himself to provide food, shelter, clothing or services
which are necessary to maintain the physical or mental health of the older
person; or

(b) An older person to provide for his own needs
because of inability to do so.

(e) Any officer or correctional officer employed
by the department of prisons.

(f) Any member or employee of the legislature or
the legislative counsel bureau while the legislature is in session.

(g) Any physician,
optometrist or dentist who is licensed to practice in this state.

2. All persons of the age of 65 years or
over are exempt from serving as grand or trial jurors. Whenever it appears to
the satisfaction of the court, by affidavit or otherwise, that a juror is over
the age of 65 years, the court shall order the juror excused from all service
as a grand or trial juror, if the juror so desires.

________

κ1983
Statutes of Nevada, Page 1361κ

CHAPTER 507, AB 126

Assembly Bill No.
126Committee on Labor and Management

CHAPTER 507

AN ACT relating to public works;
reconciling the definitions of public body and contracting body as those
terms are used in provisions relating to public works; authorizing the labor
commissioner to adopt regulations to carry out his duties; and providing other
matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 338 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

The labor commissioner may
adopt such regulations as are necessary to enable him to carry out his duties
pursuant to the provisions of this chapter.

2. Contracting body means [any officer, employee, board, bureau, commission,
department, agency or institution of the State of Nevada, or of any county,
city, district, municipal corporation, quasi-municipal corporation, political
subdivision, school district, educational institution or other public
instrumentality,]the state, county, city,
town, school district, or any public agency of the state or its political
subdivisions which has authority to contract for the construction,
alteration or repair of any public building or other public work or public
improvement.

________

CHAPTER 508, AB 569

Assembly Bill No.
569Committee on Legislative Functions

CHAPTER 508

AN ACT relating to commissioners on
uniform state laws; authorizing former commissioners to continue or resume
service; and providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 219 of
NRS is hereby amended by adding thereto a new section which shall read as
follows:

A commissioner who served
pursuant to NRS 219.020 may continue to serve or resume his service as a
commissioner if he:

3. Notifies the
legislative counsel of his intention to serve as a commissioner.

The legislative counsel shall notify
the National Conference of Commissioners on Uniform State Laws whenever a
commissioner is added pursuant to this section.

Sec. 2. This act shall
become effective upon passage and approval.

________

CHAPTER 509, AB 538

Assembly Bill No.
538Assemblymen Bourne and Nevin

CHAPTER 509

AN ACT relating to corporations;
increasing the amount of an employees lien when a corporation becomes
insolvent or is dissolved; and providing other matters properly relating
thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 78.720 is
hereby amended to read as follows:

78.720 1. Whenever any
corporation [, formed under the provisions of
this chapter, or any prior act, shall become insolvent, or be]becomes insolvent or is dissolved in any way or for any
cause, the employees doing labor or service, of whatever character, in the
regular employ of the corporation, [shall]
have a lien upon the assets thereof for the amount of wages due to them, not
exceeding [$600,]$1,000, which have been earned within 3 months before
the date of [insolvency, which shall be paid
prior to]the insolvency or dissolution,
which must be paid before any other debt [or
debts] of the corporation.

2. The word employees [shall not be construed to]does not include any of the officers of the
corporation.

AN ACT relating to motor vehicle
emissions; requiring used motor vehicles in designated areas to have evidence
of compliance with compulsory motor vehicles emission inspection programs by
certain date; and providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 445.635 is
hereby amended to read as follows:

445.635 The authority set forth in NRS
445.630 providing for a compulsory motor vehicle emission inspection program is
limited as follows:

1. [Except
as provided in this subsection, in]In areas
which have been designated by the commission for inspection programs and which
are located in counties having a population of 100,000 or more [:

(a) Before July 1, 1983,
only used motor vehicles being registered to a new owner or being registered
for the first time are required to have evidence of compliance.

(b) On], on or after [July]October 1, 1983, all used motor vehicles being
registered or reregistered are required to have evidence of compliance.

[The board of county
commissioners of any such county may by ordinance require compliance with the
provisions of paragraph (b) within the designated area by a specified date
before July 1, 1983.]

2. In designated areas in other counties
where the commission puts a program into effect [:

(a) Before July 1, 1983,
only used motor vehicles being registered to a new owner or being registered
for the first time in this state are required to have evidence of compliance.

(b) On], on or after [July]October 1, 1983, all used motor vehicles being
registered are required to have evidence of compliance.

3. The board of county commissioners of a
county containing a designated area may revise its program for the designated
area after receiving the approval of the commission.

________

κ1983
Statutes of Nevada, Page 1364κ

CHAPTER 511, SB 476

Senate Bill No. 476Committee
on Finance

CHAPTER 511

AN ACT relating to the refunding of
certain securities issued by the board of regents of the University of Nevada;
providing for the disposition in that case of revenues appropriated for their
payment; and providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 463.385 is
hereby amended to read as follows:

463.385 1. In addition to
any other license fees and taxes imposed by this chapter, there is hereby
imposed upon each slot machine operated in this state an annual tax of $250. If
a slot machine is replaced by another, the replacement is not considered a
different slot machine for the purpose of imposing this tax.

2. The commission shall:

(a) Collect the tax annually on or before June
20, as a condition precedent to the issuance of a state gaming license to
operate any slot machine for the ensuing fiscal year beginning July 1, from a
licensee whose operation is continuing.

(b) Collect the tax in advance from a licensee
who begins operation or puts additional slot machines into play during the
fiscal year, prorated monthly after July 31.

(c) Include the proceeds of the tax in its
reports of state gaming taxes collected.

3. The commission shall pay over the tax
as collected to the state treasurer to be deposited to the credit of the state
distributive school fund, the capital construction fund for higher education
and the special capital construction fund for higher education, hereby created
in the state treasury, in the amounts and to be expended only for the purposes
specified in this section.

4. During each fiscal year the state
treasurer shall deposit the tax paid over to him by the commission as follows:

(a) The first $5,000,000 of the tax in the
capital construction fund for higher education;

(b) Twenty percent of the tax in the special
capital construction fund for higher education; and

(c) The remainder of the tax in the state
distributive school fund.

5. There is hereby appropriated from the
balance in the special capital construction fund for higher education on July
31 of each year the amount necessary to pay the principal and interest due in
that fiscal year on the bonds issued pursuant to section 5 of chapter 679,
Statutes of Nevada 1979 [.], as amended by chapter 585, Statutes of Nevada 1981, at page
1251. If in any year the balance in that fund is not sufficient for this
purpose, the remainder necessary is hereby appropriated on
July 31 from the capital construction fund for higher education.

on July 31 from the capital construction fund for higher
education. The balance remaining unappropriated in the capital construction
fund for higher education on August 1 of each year and all amounts received
thereafter during the fiscal year must be transferred to the state general fund
for the support of higher education. If those bonds are
refunded and if the amount required to pay the principal of and interest on the
refunding bonds in any fiscal year during the term of the bonds is less than
the amount that would have been required in the same fiscal year to pay the
principal of and the interest on the refunded bonds if they had not been
refunded, there is appropriated to the University of Nevada an amount
sufficient to pay the principal of and interest on the refunded bonds, as if
they had not been refunded. The amount required to pay the principal of and
interest on the refunding bonds must be used for that purpose from the amount
appropriated, and the amount equal to the saving realized in that fiscal year
from the refunding must be used by the University of Nevada to defray wholly or
in part the expenses of operation and maintenance of the facilities acquired in
part with the proceeds of the refunded bonds.

6. The money deposited in the state
distributive school fund under this section must be apportioned as provided in
NRS 387.030 among the several school districts of the state at the times and in
the manner provided by law.

7. The board of regents of the University
of Nevada may use any unappropriated money in the special capital construction
fund for higher education for the payment of interest and amortization of
principal on bonds and other securities, whether issued before, on or after
July 1, 1979, to defray in whole or in part the costs of any capital project
authorized by the legislature.

Sec. 2. NRS 463.385 is
hereby amended to read as follows:

463.385 1. In addition to
any other license fees and taxes imposed by this chapter, there is hereby
imposed upon each slot machine operated in this state an annual tax of $250. If
a slot machine is replaced by another, the replacement is not considered a
different slot machine for the purpose of imposing this tax.

2. The commission shall:

(a) Collect the tax annually on or before June
20, as a condition precedent to the issuance of a state gaming license to
operate any slot machine for the ensuing fiscal year beginning July 1, from a
licensee whose operation is continuing.

(b) Collect the tax in advance from a licensee
who begins operation or puts additional slot machines into play during the
fiscal year, prorated monthly after July 31.

(c) Include the proceeds of the tax in its
reports of state gaming taxes collected.

3. The commission shall pay over the tax
as collected to the state treasurer to be deposited to the credit of the state
distributive school fund, the capital construction fund for higher education
and the special capital construction fund for higher
education, hereby created in the state treasury, in the amounts and to be
expended only for the purposes specified in this section.

capital construction fund for higher education, hereby
created in the state treasury, in the amounts and to be expended only for the
purposes specified in this section.

4. During each fiscal year the state
treasurer shall deposit the tax paid over to him by the commission as follows:

(a) The first $5,000,000 of the tax in the
capital construction fund for higher education;

(b) Twenty percent of the tax in the special
capital construction fund for higher education; and

(c) The remainder of the tax in the state
distributive school fund.

5. [When]
There is hereby appropriated from the balance in the special capital
construction fund for higher education on July 31 of each year the amount
necessary to pay the principal and interest due in that fiscal year on the
bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979 [.] , as amended by chapter 585, Statutes
of Nevada 1981, at page 1251.If in any year the
balance in that fund is not sufficient for this purpose, the remainder
necessary is hereby appropriated on July 31 from the capital construction fund
for higher education. The balance remaining unappropriated in the capital
construction fund for higher education on August 1 of each year and all amounts
received thereafter during the fiscal year must be transferred to the state
general fund for the support of higher education.

If those bonds are refunded and if the amount required
to pay the principal of and interest on the refunding bonds in any fiscal year
during the term of the bonds is less than the amount that would have been
required in the same fiscal year to pay the principal of and the interest on
the refunded bonds if they had not been refunded, there is appropriated to the
University of Nevada an amount sufficient to pay the principal of and interest
on the refunded bonds, as if they had not been refunded. The amount required to
pay the principal of and interest on the refunding bonds must be used for that
purpose from the amount appropriated, and the amount equal to the saving
realized in that fiscal year from the refunding must be used by the University
of Nevada to defray wholly or in part the expenses of operation and maintenance
of the facilities acquired in part with the proceeds of the refunded bonds.

6. After the
requirements of subsection 5 for each fiscal year, when specific projects
are authorized by the legislature, money in the capital construction fund for
higher education and the special capital construction fund for higher education
must be transferred by the state controller and the state treasurer to the
state public works board for the construction of capital improvement projects
for the University of Nevada System, including but not limited to capital
improvement projects for the community colleges of the University of Nevada
System. As used in this subsection, construction includes but is not limited
to planning, design, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing,
rehabilitating, expanding and remodeling.

reconstruction, furnishing, equipping, replacing, repairing,
rehabilitating, expanding and remodeling. Any money remaining in either fund at
the end of a fiscal year does not revert to the general fund in the state
treasury but remains in those funds for authorized expenditure.

[6.]7. The money deposited in the state
distributive school fund under this section must be apportioned as provided in
NRS 387.030 among the several school districts of the state at the times and in
the manner provided by law.

[7.]8. The board of regents of the University
of Nevada may use any money in the capital construction fund for higher
education and the special capital construction fund for higher education for
the payment of interest and amortization of principal on bonds and other
securities, whether issued before, on or after July 1, 1979, to defray in whole
or in part the costs of any capital project authorized by the legislature.

Sec. 3. Section 5 of chapter
679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada
1981, at page 1251, is hereby amended to read as follows:

Sec. 5. 1. The
board of regents, on the behalf and in the name of the State of Nevada, shall,
consistent with the provisions of the State Securities Law:

(a) Finance the
multipurpose pavilion project on the campus of the University of Nevada, Las
Vegas, by an expenditure not exceeding $30,000,000, and defray in part the cost
of that project by the issuance of general obligation bonds and other general
obligation securities of the state.

(b) Finance the
multipurpose pavilion on the campus of the University of Nevada, Reno, by an
expenditure not exceeding $26,000,000, and defray in part the cost of that
project by the issuance of general obligation bonds and other securities of the
state.

2. The board of
regents shall proceed with construction of the two pavilions concurrently,
shall, to the best of the boards ability, attempt to provide for the
completion of the two pavilions at approximately the same time, and may issue
the securities designated in subsection 1 in a total amount not to exceed
$40,000,000 except to the extent that the principal amount of any such
securities is funded or refunded wholly or in part with
[a like]the
principal amount of any subsequent issue of such securities.

3. If bonds or
other securities are issued pursuant to subsections 1 and 2, the faith of the
state is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and
credited to the capital construction fund for higher education and the special
capital construction fund for higher education pursuant to subsection 4 thereof
will not be repealed or diminished so as to impair the payment of principal or
interest upon those securities.

4. Subject to
the limitations as to maximum principal amounts in
subsections 1 and 2, the board of regents may issue to defray the cost of each
project designated in subsection 1 of this section, or any part of each project,
at any time or from time to time after the adoption of this amendatory act,
general obligation securities of the state, which are payable from general (ad
valorem) taxes levied annually in any amount sufficient to pay the interest on
and the principal of the securities as they become due, except to the extent
other money is lawfully made available therefor.

in subsections 1 and 2, the board
of regents may issue to defray the cost of each project designated in
subsection 1 of this section, or any part of each project, at any time or from
time to time after the adoption of this amendatory act, general obligation securities
of the state, which are payable from general (ad valorem) taxes levied annually
in any amount sufficient to pay the interest on and the principal of the
securities as they become due, except to the extent other money is lawfully
made available therefor. The proceeds of any such taxes must be appropriated
for the payment of those securities, and this appropriation must neither be
repealed nor the taxes postponed or diminished, except to the extent that other
money is used for their payment, until the principal and interest of those
securities have been wholly paid. The payment of those securities must be
additionally secured by a pledge of the gross revenues credited to the capital
construction fund for higher education and the special capital construction
fund for higher education, and those securities must be paid from the revenues
in either or both of those accounts as the interest on, any prior redemption
premiums due in connection with, and the principal of the securities become
due.

5. As permitted
by subsection 4 of NRS 349.304, any interest or other gain from the temporary
investment of proceeds of securities pending their expenditure on either
project must be accounted for in an account or accounts for defraying, and must
be used to defray, the cost of either project, or both projects, or accounted
for in a reserve account, or reserve accounts therefor, until sufficient money
has been encumbered to assure the completion of each project.

6. After
revenues in the capital construction fund for higher education and the special
capital construction fund for higher education in any fiscal year are
transferred to an account or accounts for the payment of debt service on any
securities issued pursuant to this section and to any reserve account or reserve
accounts therefor as provided by the authorizing proceedings adopted by the
board of regents, any surplus revenues in either the capital construction fund
for higher education or the special capital construction fund for higher
education, or both those accounts, must, until sufficient money has been
encumbered to assure the completion of each multipurpose pavilion project, be
encumbered for and expended on either or both multipurpose pavilion projects,
except to the extent that the surplus revenue in those two accounts is
otherwise appropriated by the Nevada legislature.

7. Any
securities issued pursuant to this section may be issued in such manner, at,
above, or below par, without limitation as to interest rate, effective interest
rate, or any discount, and may be sold by the board of
regents at public sale in accordance with the State Securities Law or at
private sale.

sold by the board of regents at
public sale in accordance with the State Securities Law or at private sale.

8. This section
does not prevent the board of regents from funding, refunding or reissuing any
outstanding general obligation state securities issued by the board of regents
on behalf of the state for the benefit of the University of Nevada System, and
payable from general (ad valorem) taxes, which payment is additionally secured
by a pledge of such excise tax proceeds credited to those two capital accounts,
at any time as provided in the State Securities Law. If
the principal amount of the refunding bonds exceeds the principal amount of the
refunded bonds, the increased indebtedness equal to the amount of the remainder
of the principal amount of the refunding bonds less the principal amount of the
refunded bonds must not exceed the states unexhausted power to incur debt
under the limitation contained in the first sentence of section 3 of article 9
of the constitution, and the refunding bonds must mature over a term not
exceeding 20 years from June 5, 1981.

9. Any
securities issued pursuant to this section [must]may be executed as provided in the State
Securities Law in accordance with NRS 349.282 and also [must]may be countersigned by the chairman of the board
of regents and also by the chancellor and treasurer of the University of Nevada
all in accordance with NRS 349.284 [.]but this section does not prevent the use of book
entries or the execution of the securities as may be otherwise provided by law.

10. The powers
conferred by this section are in addition to and supplemental to, and the
limitations imposed by this section do not affect, the powers conferred by any
other law, general or special; and securities may be issued under this section
without regard to the procedure required by any other such law except as
otherwise provided in this section or in the State Securities Law. Insofar as
the provisions of this section are inconsistent with the provisions of any
other law, general or special, the provisions of this section are controlling.

11. The
legislature finds and declares that the issuance of securities and the other
incurrence of indebtedness pursuant to this section are not for the protection
and preservation of any of the property or the natural resources within this
state or for obtaining the benefits thereof, and do not constitute an exercise
of the authoriity conferred by the second paragraph of section 3 of article 9
of the constitution of the State of Nevada.

Sec. 4. Section 1 of this
act shall become effective at 12:01 a.m. on July 1, 1983. Section 2 of this act
shall become effective at 12:01 a.m. on July 1, 1985.

________

κ1983
Statutes of Nevada, Page 1370κ

CHAPTER 512, SB 414

Senate Bill No.
414Committee on Legislative Affairs

CHAPTER 512

AN ACT relating to the preparation of
legislative measures; extending the services of the legislative counsel to
local governments; requiring the earlier submission of requests; and providing
other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 218 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2,
3 and 4 of this act.

Sec. 2. Upon
request made within the time allowed, the legislative counsel shall advise any
state agency or department, and may advise any local government, as to the
preparation of measures to be submitted to the legislature. To assure the
greatest possible equity in the handling of requests, drafting must proceed as
follows:

1. Requests for
legislative measures from each state agency or department or local government
must, insofar as is possible, be acted upon in the order in which they are
received, unless a different priority is designated by the requester.

2. As soon as a
state agency, department or local government has requested 10 bills for any
session the legislative counsel may request it to designate the priority for
each succeeding request.

3. The priority so
designated must guide the legislative counsel in acting upon the requests of
the respective state agencies and departments to assure each state agency and
department, and each local government among themselves, as nearly as is
possible, an equal rank.

Sec. 3. Upon
request, the legislative counsel shall assist any legislator in the preparation
of bills and resolutions, drafting them in proper form, and furnishing the
legislator the fullest information upon all matters within the scope of his
duties. The legislative counsel shall, insofar as is possible, act upon all
legislators requests for legislative measures in the order in which they are
received. To assure the greatest possible equity in the handling of requests,
drafting must proceed as follows:

1. If he so
desires, a legislator may designate a different priority for his bills and
resolutions which the legislative counsel shall observe, insofar as is
possible.

2. The drafting of
requests for legislative measures from chairmen or members of standing
committees or special committees, on behalf of those committees, must not,
except where urgency is recognized, take precedence over the priority
established or designated for individual legislators bills and resolutions.

Sec. 4. The
legislative commission shall establish a standing committee of three members to
consult with the legislative counsel concerning the effectuation of the limits
on requests for drafting which are imposed or advanced by this act. The
committee shall meet with the legislative counsel on or before July 1,
September 1 and January 1 next preceding the convening of each regular session,
and at such other times as the committee or the legislative counsel may
request. The committee shall also recommend to the legislative commission any
changes in number or salary of employees in the legal division of the
legislative counsel bureau which it may find necessary to ensure the timely
drafting of legislation.

Sec. 5. NRS 218.240 is
hereby amended to read as follows:

218.240 1. The legislative counsel
and the legal division of the legislative counsel bureau shall prepare and
assist in the preparation and amendment of legislative measures when requested
or upon suggestion as provided in NRS 218.240 to 218.260, inclusive [.], and sections
2 and 3 of this act.

2. [Upon
request, subject to the schedule provided in NRS 218.245, the legislative
counsel shall advise any state agency or department as to the preparation of
measures to be submitted to the legislature. To assure the greatest possible
equity in the handling of requests, drafting shall proceed as follows:

(a) Requests for
legislative measures from each state agency or department shall, insofar as is
possible, be processed in the order in which they are received, unless a
different drafting priority is designated by the state agency or department.

(b) As soon as a state
agency or department has requested 10 bills for any session the legislative
counsel may request it to designate the drafting priority for each succeeding
request.

(c) The drafting priority
so designated shall guide the legislative counsel in the processing of the
respective state agency and department requests, it being the purpose of this
subsection to assure each state agency and department, as nearly as is possible,
an equal priority rank.

3. Upon request, the
legislative counsel shall aid and assist any legislator in the preparation of
bills and resolutions, drafting them in proper form, and furnishing the
legislator the fullest information upon all matters within the scope of his
duties. Subject to the schedule provided in NRS 218.245, the legislative
counsel shall, insofar as is possible, process all legislators requests for
legislative measures in the order in which they are received. To assure the
greatest possible equity in the handling of requests, drafting shall proceed as
follows:

(a) If he so desires, a
legislator may designate a different drafting priority for his bills and
resolutions which the legislative counsel shall observe, insofar as is
possible. The drafting priority so designated shall guide the legislative
counsel in the processing of the respective legislators requests.

(b) The drafting of
requests for legislative measures from chairmen or
members of standing committees or special committees, on behalf of such
committees, shall not, except where urgency is recognized, take precedence over
the priority schedule established or designated for legislators bills and
resolutions.

or members of standing committees or
special committees, on behalf of such committees, shall not, except where
urgency is recognized, take precedence over the priority schedule established
or designated for legislators bills and resolutions.

4.] The
legislative counsel shall give consideration to and service concerning any
measure before the legislature [and]
which is [in any way] requested by
the governor, the senate or assembly, or any committee of the legislature
having the measure before it for consideration.

[5.]3. The legislative counsel may deliver to
the superintendent of the state printing and records division of the department
of general services and request that he print or preset the type for printing a
legislative measure [prior to]before its introduction upon the consent of the person
or persons requesting the measure. If the measure has been requested by a
legislator, the superintendent shall promptly comply with this request.

Sec. 6. NRS 218.245 is
hereby amended to read as follows:

218.245 1. [The]Except as
provided in subsection 4, the legislative counsel and the legal division
of the legislative counsel bureau shall not prepare or assist in the
preparation of proposed legislation for any agency or officer of the executive
branch of the state government [prior to]or for a local government before a regular
session of the legislature unless [:

(a) The]the request is approved by the governor or a designated
member of his staff , or the responsible officer of a
local government, and transmitted to the legislative counsel before [October 1]September
1 preceding the convening of the session . [; or

(b) The request is made
by a member of the legislature.]

2. After
November 1, preceding a legislative session, the legislative counsel and the
legal division of the legislative counsel bureau shall give full priority to
the preparation of proposed legislation requested by members of the
legislature.

[2.]3. The legislative counsel and the legal
division of the legislative counsel bureau shall not prepare or assist in the
preparation of any proposed legislation during any regular session of the
legislature except upon the [written]
request of a member of the legislature or the personal
written request of the governor.

4. An agency or
officer of the executive branch of the state government or a local government,
shall not request a legislator to have legislation drafted on its behalf. The
legislative commission , when the legislature is not in session, or a standing
committee which has jurisdiction of the subject matter when the legislature is
in session, may, if it finds that exceptional circumstances so warrant,
authorize the drafting of legislation requested after the time limited by
subsection 1.

Sec. 7. NRS 218.635 is
hereby amended to read as follows:

218.635 1. The legislative
commission shall, between sessions of the legislature, fix the work priority of
all studies and investigations assigned to it by concurrent resolutions of the
legislature within the limits of available time, money
and staff.

limits of available time, money and staff. The legislative
commission shall not make studies or investigations so directed by resolutions
of only one house of the legislature. All requests for
the drafting of legislation to be recommended as the result of a study or
investigation must be made before July 1 of the year preceding a legislative
session.

2. Between sessions of the legislature no
study or investigation may be initiated or continued by the fiscal analysts,
the legislative auditor, the legislative counsel or the research director and
their staffs except studies and investigations which have been specifically
authorized by concurrent resolutions of the legislature or by an order of the
legislative commission. No study or investigation may be carried over from one
session of the legislature to the next without additional authorization by a
concurrent resolution of the legislature, except audits in progress, whose
carryover has been approved by the legislative commission.

AN ACT relating to elections; requiring
disclosure of campaign expenditures made by persons other than candidates; and
providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 294A of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
and 3 of this act.

Sec. 2. Person includes any natural person, any labor union, any
business or voluntary association, any committee for political action or
sponsored by a political party and any corporation.

Sec. 3. 1. Every
person who advocates the election of a candidate other than himself or the
defeat of a candidate other than his opponent or advocates the election or
defeat of a group of candidates not including himself or his opponent for
national, congressional, state, district, county, city or township office at a
recall, special, primary or general election, and every group of persons,
whether formally or informally organized, which advocates the election or
defeat of a candidate shall, not later than:

(a) Fifteen days before
the primary election, for the period from the last election, for that office to
20 days before the primary election;

(b) Fifteen days before
the general election, whether or not the candidate won the primary election,
for the period from 20 days before the primary election to 20 days before the
general election; and

(c) Thirty days after the
general election, for the remaining period until the general election,

report expenditures made on behalf of
or against a candidate or group of candidates in excess of $500 on forms of
affidavit to be designed and provided by the secretary of state. The report
must also include identification of expenditures which the person made
cumulatively in excess of $500 since the beginning of the first reporting
period. The report must not include any contributions which are required to be
reported by a candidate pursuant to NRS 294A.010.

2. Expenditures
made within the state or made elsewhere but for use within the state, including
expenditures made outside the state for printing, television and radio
broadcasting or other production of the media, must be included in the report.
Expenditures made to communicate with the groups own members on behalf of or
against a candidate or group of candidates must not be included in the report.

3. If the
candidate is elected from one county, the reports must be filed with the county
clerk of that county. Otherwise, the reports must be filed with the secretary
of state. If an expenditure is made on behalf of a group of candidates, the
reports must be made to the officer appropriate for each candidate but need not
be itemized by candidate. A person may make his report to the appropriate
officer by certified mail. If certified mail is used, the date of mailing shall
be deemed the date of filing.

4. Each county
clerk who receives a report pursuant to subsection 3 shall file a copy of the
report with the secretary of state.

5. Any person who
willfully violates any of the provisions of this section is guilty of a gross
misdemeanor.

Sec. 4. NRS 294A.002 is
hereby amended to read as follows:

294A.002 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 294A.004 to
294A.007, inclusive, and section 2 of this act have
the meanings ascribed to them in those sections.

Sec. 5. NRS 294A.050 is
hereby amended to read as follows:

294A.050 1. A newspaper,
radio broadcasting station, outdoor advertising company, television
broadcasting station, direct mail advertising company, printer or other person
or group of persons which accepts, broadcasts, disseminates, prints or
publishes advertising on behalf of any candidate or group of candidates or political advertising for any person other than a candidate
shall make available for inspection, at any reasonable time beginning at
least 10 days before each primary or general election and ending at least 30
days after the election, information setting forth the cost of all
advertisements accepted and broadcast, disseminated or
published for each candidate , [or] group of candidates [.]

broadcast, disseminated or published for each candidate , [or]
group of candidates [.]or person other than a candidate.

2. For purposes of this section the
necessary cost information is made available if a copy of each bill, receipt or
other evidence of payment made out for any such advertising is kept in a record
or file, separate from the other business records of the enterprise and
arranged alphabetically by name of the candidate [,]or other person, at the principal place of business
of the enterprise.

Sec. 6. NRS 294A.065 is
hereby amended to read as follows:

294A.065 1. The
officer with whom a candidate files a declaration of candidacy or acceptance of
candidacy shall furnish the candidate with necessary forms
of affidavit [forms] and
copies of regulations adopted by the secretary of state pursuant to this
chapter. The candidate shall acknowledge receipt of the material.

2. The officer who
is to receive reports pursuant to section 3 of this act shall furnish the
necessary forms and regulations upon request. The person requesting the
material shall acknowledge receipt thereof.

Sec. 7. NRS 294A.070 is
hereby amended to read as follows:

294A.070 The secretary of state shall,
within 10 days after receipt of the reports required by NRS 294A.010 , [and]
294A.020 [,]and section 3 of this act, prepare and make available
for public inspection a compilation of [the]:

1. The total
campaign contributions, the contributions which are in excess of $500 and the
total campaign expenses of each of the candidates for legislative and judicial
offices from whom reports of those contributions and expenses are required [.]; and

2. The
expenditures exceeding $500 made by a person on behalf of a candidate other
than himself.

Sec. 8. NRS 294A.080 is
hereby amended to read as follows:

294A.080 If it appears that the
provisions of NRS 294A.010 , [or] 294A.020 or
section 3 of this act have been violated:

1. The secretary of state shall report
the alleged violation to the attorney general; and

2. A county clerk shall report the
alleged violation to the appropriate district attorney,

and the attorney general or district attorney to whom [such]the report
is made shall cause appropriate proceedings to be instituted and prosecuted in
a court of competent jurisdiction without delay.

________

κ1983
Statutes of Nevada, Page 1376κ

CHAPTER 514, AB 138

Assembly Bill No.
138Committee on Commerce

CHAPTER 514

AN ACT relating to mortgage companies; requiring
posting of licenses; requiring approval of commissioner of savings association
for changes of control; expanding the definition of mortgage companies;
establishing a fund to pay claims against mortgage companies; expanding the
duties of the commissioner of savings associations; expanding the grounds for
suspension of licenses; and providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 645B of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 5.9, inclusive, of this act.

Sec. 2. 1. A
licensee shall post each license in a conspicuous place in the office to which
it pertains.

2. A license may
not be transferred or assigned unless the commissioner gives his written
approval.

Sec. 3. 1. As
used in this section, change of control means:

(a) A transfer of voting
stock which results in giving a person, directly or indirectly, the power to
direct the management and policy of a mortgage company; or

(b) A transfer of at
least 10 percent of the outstanding voting stock of a mortgage company.

2. The
commissioner must approve a transfer of voting stock of a mortgage company
which constitutes a change of control.

3. The owner,
president, chief executive officer or a partner shall apply to the commissioner
for approval of a transfer of voting stock in his mortgage company which
constitutes a change of control. The application must contain information which
shows that the requirements of this chapter for obtaining a license will be
satisfied after the change of control.

Sec. 4. 1. The
fund for mortgage investors is hereby created as a special revenue fund. Except
as otherwise provided in subsection 2, a balance of not more than $1,000,000
must be maintained in the fund, to be used for satisfying claims against
persons licensed under this chapter.

2. Any interest
earned on the money in the fund must be credited to the fund and must be accounted
for as separate income. The balance in the fund may be increased to more than
$1,000,000 only if the amount over $1,000,000 is from interest earned on the
money in the fund and is not collected from persons licensed under this
chapter.

3. The commissioner
shall administer the fund.

Sec. 5. 1. After
a licensee has transacted business in this state as a mortgage company for 2
consecutive years, the commissioner shall relieve
him of the requirement of depositing a bond or letter of credit if he pays the
annual fee pursuant to subsection 2.

relieve him of the requirement of
depositing a bond or letter of credit if he pays the annual fee pursuant to
subsection 2.

2. Each licensee
who is relieved of the requirement of depositing a bond or letter of credit,
shall pay by June 30 of each year, in addition to the fee for renewal, a fee
for claims against persons licensed under this chapter, to be deposited in the
state treasury for credit to the fund for mortgage investors. The initial
amount of this fee is $500. After the fund reaches a balance of $1,000,000, the
commissioner shall establish this fee as a percentage of the volume of loans in
dollars originated in this state in the preceding calendar year by each
mortgage company. The percentage must be established at such a rate that the
balance in the fund under normal circumstances is not reduced substantially
below $1,000,000.

3. If, after July
1, 1985, the balance in the fund is less than $100,000, the commissioner shall
establish and collect from each licensee required to pay the annual fee
pursuant to subsection 2, at the time that fee is paid, an assessment in an
amount which is sufficient to increase the balance to at least $100,000. The
commissioner may establish and collect such an assessment only once in any 1
year.

Sec. 5.5. 1. A
claim for payment from the fund for mortgage investors must be filed with the
commissioner.

2. The
commissioner shall approve a claim for any actual unpaid losses incurred by the
claimant and request payment from the available money in the fund in an amount
not exceeding $100,000 per licensee if:

(a) The claimant has
obtained a final judgment in any court of competent jurisdiction against a
licensee under this chapter, upon grounds of fraud, misrepresentation or deceit
with reference to any transaction for which a license is required under this
chapter; or

(b) The licensee, pursuant
to NRS 645B.100 to 645B.160, inclusive, has had his license permanently revoked
upon grounds of fraud, misrepresentation or deceit with reference to any
transaction for which a license is required under this chapter.

3. If there is an
insufficient amount of money in the fund to satisfy any claim that may be made
pursuant to this section, the commissioner may designate a receiver to
represent the interests of the claimants affected or petition a court to make
payments from the fund in any manner that it may find equitable.

Sec. 5.7. If
the commissioner pays any amount of money from the fund for mortgage investors
to a claimant, the commissioner is subrogated to all rights of the claimant
against the licensee or any other person relating to the loss, and the claimant
shall assign all his right, title and interest in the claim to the commissioner
on behalf of the fund. Any amount recovered by the commissioner pursuant to
this section must be deposited in the state treasury for credit to the fund.

Sec. 5.9. If
the commissioner pays any amount of money from the fund for mortgage investors
in settlement of a claim or toward the satisfaction of a judgment against a
licensee who has not been relieved of the
requirement of depositing a bond or letter of credit, the commissioner may, on
behalf of the fund, commence an action to recover against the bond or letter of
credit.

the requirement of depositing a bond
or letter of credit, the commissioner may, on behalf of the fund, commence an
action to recover against the bond or letter of credit. Any amount recovered by
the commissioner pursuant to this section must be deposited in the state
treasury for credit to the fund.

Sec. 6. NRS 645B.010 is
hereby amended to read as follows:

645B.010 As used in this chapter, unless
the context otherwise requires:

1. Commissioner means the commissioner
of savings associations.

2. Mortgage company means any person
who, directly or indirectly:

(a) Holds himself out for hire to serve as an
agent for any person in an attempt to obtain a loan which will be secured by a
lien on real property;

(b) Holds himself out for hire to serve as an
agent for any person who has money to lend, [which]if the loan is or will be secured by a lien on
real property;

(c) Holds himself out as being able to make
loans secured by liens on real property [; or], unless the loans are made pursuant to subsection 6 or
8 of NRS 645B.190;

(d) Holds himself out as being able to service
loans secured by liens on real property [.]; or

(e) Holds himself out as
being able to buy or sell notes secured by liens on real property.

[For the purposes of this
subsection, a person holds himself out as being able to perform the given
function only if he advertises as being able to do so.]

Sec. 7. NRS 645B.030 is
hereby amended to read as follows:

645B.030 1. Except as
otherwise provided in this section, at the time of filing an application for a
mortgage companys license, the applicant must deposit with the commissioner:

(a) A corporate surety bond payable to the [State of Nevada,]commissioner on behalf of the fund for mortgage investors, in
an amount, to be determined by the commissioner, no less than $25,000, executed
by a corporate surety satisfactory to the commissioner and signed by one or
more sureties approved by the commissioner, whose liabilities as sureties need
not exceed the amount of the bond in the aggregate; or

(b) An irrevocable letter of credit [, subject to a period of discovery of 3 years from the
date of expiration,] upon which the applicant is the obligor,
issued by a bank approved by the commissioner, whose deposits are insured by
the Federal Deposit Insurance Corporation.

2. The bond or letter of credit must be
conditioned that the applicant shall conduct the business in accordance with
the provisions of this chapter and all regulations adopted by the commissioner
and pay all money that becomes due.

all money that becomes due. The terms of the bond or letter
of credit must be approved by the commissioner.

3. In lieu of depositing a bond or letter
of credit, an applicant may deposit with the state treasurer, under terms
prescribed by the banking division of the department of commerce:

(a) Money of the United States in an amount
equal to the amount of the required bond; or

(b) A savings certificate of a federally insured
financial institution in this state for an amount payable which is equal to the
amount of the required bond and which is not available for withdrawal except by
direct order of the commissioner. Interest earned under the certificate accrues
to the account of the applicant.

[Such a deposit of money or a
certificate may be retained for 3 years after the expiration or revocation of a
license.]

4. If the
applicant obtains a mortgage companys license, any deposit he has made
pursuant to this section may be retained by the commissioner until the licensee
qualifies to pay the annual fee for claims against persons licensed under this
chapter.

Sec. 8. NRS 645B.050 is
hereby amended to read as follows:

645B.050 1. [The]A mortgage
companys license expires June 30 next after the date of issuance if it is not
renewed. A license may be renewed by filing [a
renewal]an application for renewal and paying the annual [license] fee for
a license for the succeeding year. The application and payment must be [delivered or mailed to]received by the commissioner on or before June [15]30
next preceding the expiration date. If the application or payment is [mailed after]not
received by June [15, the applicant is
subject to a penalty in the amount of 10 percent of the license fee. If a
license has expired, an application must be made for an original license.]30, the license is canceled. The commissioner may
reinstate the license if the licensee pays the filing fee and a reinstatement
fee of $200.

2. The commissioner shall require a
licensee to deliver a financial statement prepared from his books and records
by a public accountant who is certified or registered in this state. The
financial statement must be dated not earlier than the close of the latest
fiscal year of the company and must be submitted within 60 days thereafter.

3. The filing fees are:

(a) For filing an original application, $200 for
the principal office and $75 for each branch office.

(b) For filing an original application from
April 1 to June 30, inclusive, $100 for the principal office of a mortgage
company.

(c) For filing an application for a [duplicate] copy of any license, upon
satisfactory showing of its loss, $10.

(d) For filing [a
renewal application, the filing fees are determined by the dollar volume of
loans originated in the preceding calendar year ended December 31, in
accordance with the following schedule:

4. [All]Except as otherwise provided in this chapter, all fees
received under this chapter must be deposited in the state treasury for credit
to the state general fund.

Sec. 9. NRS 645B.060 is hereby
amended to read as follows:

645B.060 1. Subject to the
administrative control of the director of the department of commerce, the
commissioner shall exercise general supervision and control over mortgage
companies doing business in this state.

2. In addition to the other duties
imposed upon him by law, the commissioner shall:

(a) Adopt reasonable regulations as may be
necessary for making effective this chapter, except as to loan brokerage fees.

(b) Conduct such investigations as may be
necessary to determine whether any person has violated any provision of this
chapter.

(c) Conduct such examinations, periodic or
special audits, investigations and hearings, in addition to those specifically
provided for by law, as may be necessary and proper for the efficient
administration of the [mortgage company]
laws of this state [.]regarding mortgage companies.

(d) Classify as confidential certain records and
information obtained by the division when those matters are obtained from a
governmental agency upon the express condition that they remain confidential.
This paragraph does not limit examination by the legislative auditor.

(e) Conduct such
examinations and investigations as are necessary to ensure that mortgage
companies meet the requirements of this chapter for obtaining a license, both
at the time of the application for a license and thereafter on a continuing
basis.

Sec. 10. NRS 645B.100 is
hereby amended to read as follows:

645B.100 1. Grounds for
refusing to license any person as a mortgage company and grounds for suspending
any license are that the applicant or licensee:

(a) Is insolvent;

(b) Is of bad business repute or has
demonstrated his unworthiness to transact the business of a mortgage company;

(c) Does not conduct his business in accordance
with law or has violated any provisions of this chapter;

(d) Is in such financial condition that he
cannot continue in business with safety to his customers;

(e) Has been guilty of fraud in connection with
any transaction governed by this chapter;

(f) Has made any misrepresentations or false
statement to, or concealed any essential or material fact from, any person in
the course of [the mortgage company]his business;

(g) Has knowingly made or caused to be made to
the commissioner any false representation of material fact or has suppressed or
withheld from the commissioner any information which the applicant or licensee
possesses, and which if submitted by him would have rendered the applicant or
licensee ineligible to be licensed under this chapter;

(h) Has failed to account to persons interested
for all money received for the impound trust account;

(i) Has refused to permit an examination by the
commissioner of his books and affairs or has refused or failed, within a
reasonable time, to furnish any information or make any report that may be
required by the commissioner under the provisions of this chapter;

(j) Has been convicted of a felony or any
misdemeanor of which an essential element is fraud; [or]

(k) Has refused or failed to pay, within a
reasonable time, those expenses assessed to the mortgage company pursuant to
NRS 645B.050 or 645B.070 [.];

(l) Has failed to satisfy
a claim made by a client which has been reduced to judgment; or

(m) Has not conducted
verifiable business as a mortgage company for 6 consecutive months, except in
the case of a new applicant. The commissioner shall determine whether a company
is conducting business by examining the monthly reports submitted by the
licensee or by conducting an examination of the licensee.

2. It is sufficient cause for refusal or
revocation of a license in the case of a partnership or corporation or any
unincorporated association [if]that any member of the partnership or any officer or
director of the corporation or association has been guilty of any act or
omission which would be cause for refusing or revoking the registration of [an individual.]a
natural person.

Sec. 11. NRS 645B.190 is
hereby amended to read as follows:

645B.190 The provisions of this chapter
do not apply to:

1. Any person doing business under the
laws of this state or the United States relating to banks, mutual savings
banks, trust companies, savings and loan associations, common and consumer
finance companies, industrial loan companies, credit unions, thrift companies,
insurance companies or real estate investment trusts as defined in 26 U.S.C. §
856.

2. An attorney at law rendering services
in the performance of his duties as attorney at law.

3. A real estate broker rendering
services in the performance of his duties as a real estate broker.

4. Any firm or corporation which lends
money on real property and is subject to licensing, supervision or auditing by
the Federal National Mortgage Association as an approved seller or servicer.

5. Any person doing any act under order
of any court.

6. Any one natural person, or husband and
wife, who provides funds for investment in loans secured by a lien on real
property, on his own account.

7. Agencies of the United States and of
this state and its political subdivisions, including the public employees
retirement system.

8. A seller of
real property who offers credit secured by a mortgage of the property sold.

Sec. 12. NRS 238.100 is
hereby amended to read as follows:

238.100 1. Except as
provided in subsections 2 and 4, or by specific statute,
any document or payment required or permitted by law or regulation to be filed
or made by mailing to the state or any of its agencies or political
subdivisions shall be deemed filed or made on the date of the postmark dated by
the post office on the envelope in which it was mailed.

2. If [such]a document or payment was mailed but not received
by the addressee or was received but the postmarked date is illegible or
omitted, the document or payment shall be deemed filed or made on the date it
was mailed, if the sender:

(a) Establishes by a postal receipt for
registered or certified mail that the mailing date was on or before the
required date for filing or payment; and

(b) Where the document or payment was not
received, files a duplicate of the contents of the envelope within 15 days
after [the sender]he becomes aware that it was not received.

3. For the
purposes of this section, if the required date for filing or making payment is
a Saturday, Sunday or legal holiday, [such]the filing or payment is timely if performed on
the next day which is not a Saturday, Sunday or legal holiday.

4. This section does not apply to the
filing of [election] documents
under Title 24 of NRS.

Sec. 13. NRS 645B.195 is
hereby repealed.

Sec. 14. Each mortgage
company licensed in this state on July 1, 1983, which pays the annual fee
provided for in section 5 of this act may withdraw its bond or letter of credit
deposited pursuant to NRS 645B.030.

________

κ1983
Statutes of Nevada, Page 1383κ

CHAPTER 515, SB 358

Senate Bill No.
358Committee on Judiciary

CHAPTER 515

AN ACT relating to sports; creating the
medical advisory board and providing for its organization and duties;
increasing the amount and reducing the scope of insurance covering licensed
boxers and wrestlers; providing for its payment to physicians or hospitals; and
providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 467 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 4, inclusive, of this act.

Sec. 2. 1. The medical advisory board consisting of five
members to be appointed by the governor is hereby created.

2. The governor
shall designate one of the members of the board as its chairman.

3. After the
initial terms, the governor shall appoint each member to a term of 4 years. If
the position of a member is vacated, the governor shall appoint a qualified
person to replace the member for the remainder of the unexpired term.

Sec. 3. Each
member of the board must:

1. Be licensed to
practice medicine pursuant to chapter 630 of NRS.

2. Have at least 5
years of experience in the practice of medicine at the time of his appointment.

Sec. 4. The board shall:

1. Prepare and
submit to the commission appropriate standards for the physical and mental
examination of boxers and wrestlers. No standard is effective until it is
approved by the commission.

2. Recommend to
the commission for licensing physicians who are qualified to examine boxers and
wrestlers.

3. Advise the
commission as to the physical or mental fitness of a boxer or wrestler if it so
requests.

4. Prepare and
submit to the legislature and the commission reports containing any
recommendations for revisions in the law which it deems necessary to protect
the health of boxers and wrestlers in this state.

Sec. 5. NRS 467.125 is
hereby amended to read as follows:

467.125 The commission may, by [rule or] regulation:

1. Require insurance coverage for each
licensed boxer or wrestler to provide for medical, surgical and hospital care
for injuries sustained while [preparing for or]
engaged in boxing or wrestling contests or exhibitions, in an amount of [$1,000]$5,000 or
more payable to [such boxer or wrestler as]the physician or hospital which treated the boxer or
wrestler for his injuries or, if he has paid for that care, directly to him or
his beneficiary; or

2. Authorize the formation of a nonprofit
corporation to provide such benefits and the deduction of a prescribed
percentage from the amount payable to each boxer, wrestler, manager and
promoter for each contest or exhibition, to be paid over to and managed by [such]the corporation
for [such]that
purpose.

Sec. 6. The governor shall
appoint to the medical advisory board five persons who are qualified pursuant
to section 3 of this act to serve terms as follows:

1. Two of the members to terms expiring
on June 30, 1985.

2. Three of the members to terms expiring
on June 30, 1987.

________

CHAPTER 516, AB 303

Assembly Bill No.
303Assemblymen Banner, Thompson and Bremner

CHAPTER 516

AN ACT relating to insurance; authorizing
the commissioner of insurance to investigate fraud relating to insurance;
providing for assessments of insurers to support the commissioners
investigations; providing for an exchange of information on fraud; designating
the commissioner and his chief deputy as peace officers; and providing other
matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 679B of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 7, inclusive, of this act.

Sec. 2. The
commissioner shall establish a program within the division to investigate any
act or practice which:

1. Violates the
provisions of chapter 686A of NRS; or

2. Defrauds or is
an attempt to defraud an insurer.

Sec. 3. To
investigate fraudulent claims for benefits from a policy of insurance, the
commissioner may:

1. Designate
employees of the division as investigators to carry out the provisions of
sections 2 to 7, inclusive, of this act.

2. Conduct
investigations into such activities occurring outside this state, if necessary.
To conduct these investigations, the commissioner or his investigators may:

(a) Travel outside this
state;

(b) Cooperate with
appropriate agencies or persons outside this state; or

(c) Designate those
agencies to conduct investigations for the commissioner.

3. Assist
officials of investigative or law enforcement agencies of any other state or
the Federal Government who are investigating fraudulent claims and who request
assistance from the commissioner.

Sec. 4. 1. The
commissioner, through his investigators, shall investigate fraudulent claims
for benefits under an insurance policy.

2. The
commissioner and his chief deputy are peace officers for the limited purposes
of obtaining and exchanging information on applicants and licensees under Title
57 of NRS.

Sec. 5. 1. Every
person in charge of an investigative or law enforcement agency within this
state shall cooperate with the commissioner or his investigators and shall
furnish the commissioner, upon his request, with any information necessary for
his investigation of fraudulent claims.

2. The
commissioner shall:

(a) Assist any official
of an investigative or law enforcement agency of this state, any other state or
the Federal Government who requests assistance in investigating fraudulent
claims against an insurer; and

(b) Furnish to those
officials any information, not otherwise confidential, concerning his
investigation or his report on fraudulent claims.

Sec. 6. 1. The
special investigative account is hereby established in the state general fund
for use by the commissioner. The commissioner shall deposit all money received
under this section with the state treasurer for credit to the account. Money
remaining in the account at the end of any year does not lapse and may be used
by the commissioner in any subsequent year.

2. The
commissioner shall authorize expenditures from the special investigative
account to pay the expenses incurred for investigating fraudulent claims.

3. All of the
costs of the program established pursuant to section 2 of this act must be paid
by the insurers authorized to transact insurance in this state. The
commissioner shall annually determine the total cost and equally divide that
amount among the insurers. The annual amount so assessed must not exceed $500
per authorized insurer. The commissioner may adopt regulations regarding the
calculation and collection of the assessment.

Sec. 7. An
insurer, employee or representative of an insurer, official of an investigative
or law enforcement agency, employee of the division or the commissioner is not
subject to a criminal penalty or subject to civil liability for libel, slander
or any similar cause of action in tort if he, without malice, discloses
information on a fraudulent claim or suspicious fire.

Sec. 8. NRS 679B.180 is
hereby amended to read as follows:

679B.180 1. The commissioner
may invoke the aid of the courts through injunction or other proper process,
mandatory or otherwise, to enjoin any existing or threatened violation of any
provision of this code, or to enforce any proper order made by him or action
taken by him.

2. If the commissioner has reason to
believe that any person has violated any provision of this code, or other law
applicable to insurance operations, for which criminal prosecution in his
opinion would be in order, he shall give the information
relative thereto to the appropriate district attorney or to the attorney
general.

be in order, he shall give the information relative thereto to
the appropriate district attorney or to the attorney general. The district
attorney or attorney general shall promptly institute such action or
proceedings against such person as in his opinion the information may require
or justify.

3. If the commissioner
requests the appropriate district attorney to prosecute a fraudulent claim, the
district attorney shall, within 30 days after receiving the request:

(a) File a complaint; or

(b) Notify the
commissioner in writing of the reasons for his refusal to prosecute the claim.

If the district attorney is unable,
fails or refuses to prosecute the claim, the commissioner may request the
attorney general to do so. If the attorney general has not begun to prosecute
the claim within 60 days after the request by the commissioner, the attorney
general shall inform the commissioner in writing of the reasons for the delay
or for failing to prosecute the claim.

4. Except
as otherwise provided in [Title 57 of NRS,]this code, the attorney general shall act as
legal counsel to the division and the commissioner in all matters pertaining to
the administration and enforcement of this code.

Sec. 9. NRS 679B.190 is
hereby amended to read as follows:

679B.190 1. The commissioner
shall carefully preserve in the division and in permanent form all papers and
records relating to the business and transactions of the division, and shall
hand [the same]them over to his successor in office.

2. Except as otherwise provided by subsections 3 and 5 and other provisions of this code,
the papers and records [shall]must be open to public inspection.

3. Any records or
information related to the investigation of a fraudulent claim by the
commissioner are confidential unless:

(a) The commissioner
releases the records or information for public inspection after determining
that the release of the records or information will not harm his investigation
or the person who is being investigated; or

(b) A court orders the
release of the records or information after determining that the production of
the records or information will not damage any investigation being conducted by
the commissioner.

4. The
commissioner may destroy unneeded or obsolete records and filings in the
division in accordance with provisions and procedures applicable in general to
administrative agencies of this state.

[4.]5. The commissioner may classify as
confidential certain records and information obtained from a governmental
agency or other sources upon the express condition that they [shall] remain confidential, or be deemed
confidential by the commissioner [; but no]. No filing required to be made with the
commissioner under this code shall be deemed confidential unless expressly
provided by law.

Sec. 10. Chapter 686A of NRS
is hereby amended by adding thereto the provisions set forth as sections 11 to
16, inclusive, of this act.

Sec. 11. As
used in sections 11 to 16, inclusive, of this act, unless the context otherwise
requires, the term investigative or law enforcement agency includes:

1. The state fire
marshal;

2. The district
attorney of the county where any fraudulent activity has occurred or a
fraudulent claim has been made;

3. The chief or
other officer of the fire department where a fire occurred; and

4. Any other
agency in this state who has the authority to investigate the fraudulent claims
or activities.

Sec. 12. 1. Any
person, insurer or authorized representative of an insurer, who believes, or
has reason to believe, that a fraudulent claim for benefits under a policy of
insurance has been made, or is about to be made, shall report any information
concerning that claim to the commissioner on a form prescribed by the
commissioner.

2. The
commissioner shall:

(a) Review each report of
a fraudulent claim; and

(b) Determine whether an
investigation should be made of the facts in the report.

3. During his
investigation, the commissioner shall determine whether there is probable cause
to believe that there was deceit, fraud or an intentional misrepresentation of
a material fact in the claim.

4. If the
commissioner determines that the provisions of chapter 686A of NRS have been
violated he shall report his findings to the district attorney of the county
where the violation occurred.

Sec. 13. 1. Every
insurer shall provide information on a fraudulent claim to the commissioner,
any investigative or law enforcement agency or any agency of the Federal
Government if the insurer receives a request in writing for that information.

2. The information
requested from an insurer may include:

(a) Information about the
policy of insurance on the property which was demolished or destroyed,
including information from the application for insurance;

(b) Information on
previous claims made by the insured;

(c) Records of the
premiums paid for the policy of insurance; and

(d) Information
concerning the insurers investigation of the claim, including statements of
any person, information submitted as proof of the loss, or any other relevant
information on the claim.

Sec. 14. 1. If
an insurer believes that a loss to an insured may have been caused by other
than an accidental or natural occurrence, the insurer shall notify the
commissioner in writing of the insurers reasons for so believing.

2. Any insurer
making such a report shall provide the commissioner with any information the
insurer obtained during its investigation of the claim.

3. If the loss
referred to in subsection 1 is believed to be caused by fire, the insurer shall
also so notify an investigative or law enforcement agency.

Sec. 15. 1. Any
insurer giving information to the commissioner or any investigative or law
enforcement agency concerning an alleged fraudulent claim is entitled to
receive, upon completion of the investigation or prosecution of the claim,
whichever occurs later, any relevant information concerning the claim.

2. The
commissioner or any investigative or law enforcement agency receiving
information from another person, agency or insurer shall:

(a) Keep the information
confidential and not release the information except pursuant to paragraph (a)
of subsection 1;

(b) Provide information
concerning its investigation of the claim to the insurer reporting the claim
upon the completion of its investigation or a criminal prosecution, whichever occurs
later; and

(c) Provide any documents
necessary or allow its employees or agents to testify in any action by or
against the insurer if the insurer or its insured furnished the information for
the investigation or a criminal prosecution.

Sec. 16. Any
person who knowingly and willfully:

1. Presents or
causes to be presented to any insurer, any false, incomplete or misleading
information concerning a material fact whether written or oral, as a part of or
in support of any claim for payment, reimbursement or other benefit;

2. Assists, abets
or conspires with another person to prepare, present or cause to be presented
any false, incomplete or misleading information concerning a material fact,
whether written or oral, as a part of, or in support of any claim for payment,
reimbursement or other benefit; or

3. Conceals or
fails to disclose any event affecting any persons initial or continued right
to any benefit or payment to which the person is entitled,

shall be punished by imprisonment in
the state prison for not less than 1 year nor more than 6 years or by a fine of
not more than $5,000, or by both fine and imprisonment.

(a) Make]make any false or fraudulent statement or
representation in or with reference to any application for insurance . [;

(b) For the purpose of
obtaining any money or benefit, present or cause
to be presented a false or fraudulent claim, or any proof in support of such a
claim for the payment of the loss upon a contract of insurance; or

cause to be presented a false or
fraudulent claim, or any proof in support of such a claim for the payment of
the loss upon a contract of insurance; or

(c) Prepare, make or
subscribe a false or fraudulent account, certificate, affidavit or proof of
loss, or other document or writing, with intent that the same may be presented
or used in support of such a claim.]

2. Any person who violates this section
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.

Sec. 18. (Deleted by
amendment.)

Sec. 19. NRS 477.030 is
hereby amended to read as follows:

477.030 1. Except as
provided in this section, the state fire marshal shall enforce all laws and
adopt regulations relating to:

(a) Fire prevention.

(b) The storage and use of combustibles,
flammables, fireworks and explosives.

(c) The safety, access, means and adequacy of
exit in case of fire from mental and penal institutions, child care facilities,
foster homes, adult group care facilities, intermediate care facilities,
nursing homes, hospitals, schools, all buildings, except private residences,
which are occupied for sleeping purposes, buildings used for public assembly,
and all other buildings where large numbers of persons work, live or congregate
from time to time for any purpose. As used in this paragraph, public assembly
means a building or a portion of a building used for the gathering together of
50 or more persons for purposes of deliberation, education, instruction,
worship, entertainment, amusement or awaiting transportation, or the gathering
together of 100 or more persons in establishments for drinking or dining.

(d) The suppression and punishment of arson and
fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout
the state, but, except with respect to state-owned or state-occupied buildings,
his authority to enforce them or conduct investigations under this chapter is
limited to those counties having a population of less than 100,000, except in
those local jurisdictions in other counties where he is requested to exercise
that authority by the chief officer of the organized fire department of that
jurisdiction.

2. The state fire marshal may set
standards for equipment and appliances pertaining to fire safety or to be used
for fire protection purposes within this state, including the threads used on
fire hose couplings and hydrant fittings.

3. The state fire marshal shall cooperate
with the state forester firewarden in the preparation of regulations relating
to standards for fire retardant roofing materials pursuant to paragraph (e) of
subsection 1 of NRS 472.040.

4. The state fire marshal shall cooperate
with the welfare division of the department of human resources in establishing
reasonable minimum standards for, overseeing the safety of and directing the
means and adequacy of exit in case of fire from family foster homes and group
foster homes.

5. The state fire marshal shall
coordinate all activities conducted pursuant to the Fire Research and Safety
Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money
allocated by the United States pursuant to that act.

6. The state fire marshal shall:

(a) Investigate any fire which occurs in a
county having a population of less than 100,000, and from which a death results
or which is of a suspicious nature.

(b) Investigate any fire which occurs in a
county having a population of 100,000 or more, and from which a death results
or which is of a suspicious nature, if requested to do so by the chief officer
of the fire department in whose jurisdiction the fire occurs.

(c) Cooperate with the
commissioner of insurance in any investigation of a fraudulent claim under an
insurance policy for any fire of a suspicious nature.

(d) Provide
specialized training in investigating the causes of fires if requested to do so
by the chief officer of an organized fire department.

7. The state fire marshal shall put the
Uniform Fire Incident Reporting System into effect throughout the state on or
before January 1, 1984, and publish at least annually a summary of data
collected under the system.

8. The state fire marshal shall provide
assistance and materials to local authorities, upon request, for establishment
of public education programs and other fire prevention activities.

9. The state fire marshal shall:

(a) Assist in checking construction plans and
specifications;

(b) Provide specialized training to local fire
departments; and

(c) Assist local governments in drafting local
regulations and ordinances,

on request or as he deems necessary.

Sec. 20. Every insurer
authorized to do business in this state on or before July 1, 1983, shall pay
$200 to the commissioner of insurance by September 1, 1983, as an assessment to
be deposited in the special investigative account in the state general fund.
The commissioner shall use this assessment to establish the program to
investigate fraudulent claims against insurers.

Sec. 21. 1. For
the fiscal years 1983-84 and 1984-85, the attorney general shall designate one
of his deputies to act as counsel for the program established pursuant to
section 2 of this act. He shall also employ, with the approval of the
commissioner of insurance, such investigators as he deems necessary for the
program.

2. The persons so employed by the
attorney general must receive their compensation from the assessments made pursuant
to sections 6 and 20 of this act.

________

CHAPTER 517, AB 531

Assembly Bill No.
531Committee on Government Affairs

CHAPTER 517

AN ACT incorporating the City of Las Vegas
in Clark County, Nevada, under a new charter; defining the boundaries thereof;
and providing other matters properly relating thereto.

[Approved May 26, 1983]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The charter of
the City of Las Vegas is as follows. Each section of the charter shall be
deemed to be a section of this act for the purpose of any subsequent amendment.

ARTICLE I

Introductory and Organizational Provisions

Section 1.010 Purpose; other laws;
notice.

1. In order to provide for the orderly
government of the City of Las Vegas and the public health, safety, prosperity,
security, comfort, convenience and general welfare of its citizens, the
legislature hereby establishes this charter for the government of the City of
Las Vegas.

2. Each power which is expressly granted
by this charter is in addition to all of the purposes, powers, rights,
privileges, immunities and duties which are granted to cities by the general
law of the state. Each of the provisions of NRS which apply generally to cities
(not including, unless otherwise expressly mentioned in this charter, chapter
265, 266 or 267 of NRS) and are not in conflict with the provisions of this
charter applies to the City of Las Vegas.

3. Any notice which is provided for in
this charter for any purpose is reasonably calculated to inform each interested
person of any proceeding under this charter which may directly and adversely
affect his legally protected rights, if any.

Sec. 1.020 Definitions. Except
as otherwise provided in this charter, unless the context otherwise requires, the
definitions which are provided in sections 1.030 to 1.090, inclusive, of this
charter govern the construction of this charter.

Sec. 1.030 City defined. City
means the City of Las Vegas in Clark County, Nevada.

Sec. 1.050 Councilman defined. Councilman
means a member of the city council, other than the mayor.

Sec. 1.060 County defined. County
means Clark County, Nevada.

Sec. 1.070 Newspaper defined. Newspaper
means a newspaper which is qualified pursuant to chapter 238 of NRS, is printed
and published in the city at least once each calendar week and is of general
circulation in the city.

Sec. 1.080 Publication, publish
defined.

1. Publication and publish each means
publication in at least one newspaper for the number of times which is required
by the specific section of this chapter.

Sec. 1.090 State defined. State
means the State of Nevada.

Sec. 1.100 Construction of charter.

1. This charter, except where the context
by clear implication otherwise requires, must be construed as follows:

(a) The titles or leadlines which are applied to
the articles and sections of this charter are inserted only as a matter of
convenience and ease in reference and in no way define, limit or describe the
scope or intent of any provision of this charter.

(b) Words in the singular number include the
plural, and words in the plural include the singular number.

(c) Words in the masculine gender include the
feminine and the neuter, and words of the neuter gender refer to any gender.

2. This charter being necessary to secure
and preserve the public health, safety, prosperity, security, comfort,
convenience, general welfare and property of the citizens of the city, the rule
of strict construction has no application to this charter, and it is expressly
declared that it is the intent of the legislature that each of the provisions
of this charter be liberally construed in order to effect the purposes and
objects for which this charter is intended, and the specific mention of
particular powers must not be construed as limiting in any way the general
powers which are necessary to carry out the purposes and objects of this
charter.

Sec. 1.110 Required notices: Words
and figures.

Figures may be used instead of words, and words may be
used instead of figures, in all notices, proceedings and other documents which
are required by this charter or otherwise pertain to this charter.

Sec. 1.120 Incorporation of city.

1. All persons who are inhabitants of that
portion of the state which is embraced within the limits set forth in
subsection 2 of this charter constitute a political and corporate body by the
name of City of Las Vegas, and by that name they and their successors must be
known in law and have perpetual succession.

2. Description of territory. The
territory which is embraced in the city is that certain land which is described
in the official plat which is required by NRS 234.250 to be filed with the
county recorder and county assessor, as this plat is
revised from time to time pursuant to NRS 268.600.

county assessor, as this plat is revised from time to time
pursuant to NRS 268.600.

Sec. 1.130 Wards: Creation;
boundaries.

1. The city must be divided into four
wards, which must be as nearly equal in population as can conveniently be
provided, and the territory which comprises each ward must be contiguous.

2. The boundaries of the wards must be
established and changed by ordinance. The boundary of the wards must be changed
whenever the population, as determined by the last preceding national census of
the Bureau of the Census of the United States Department of Commerce, in any
ward exceeds the population in any other ward by more than 5 percent. The
boundaries of the wards may be changed to include territory which has been
annexed and whenever the population in any ward exceeds the population in any other
ward by more than 5 percent by any measure which is found to be reliable by the
city council.

Sec. 1.140 Elective offices.

1. The elective officers of the city
consist of:

(a) A mayor.

(b) Four councilmen.

(c) Municipal judges.

2. The terms of office of the mayor,
councilmen and, except as is otherwise provided in subsection 3 of section
4.010 of this charter, municipal judges are 4 years.

Sec. 1.150 Oath of office. Each
person who is elected or appointed to fill any elective office must subscribe
to the official oath as provided by the city council. Each of those persons
must swear or affirm that he is not under any direct or indirect obligation to
vote for, appoint or elect any person to any office, position or employment in
the city government.

Sec. 1.160 Elective offices:
Vacancies.

1. A vacancy in the office of mayor,
councilman or municipal judge must be filled by the majority vote of the entire
city council or the majority vote of all of the remaining members, in the case
of a vacancy on the city council, within 30 days after the occurrence of that
vacancy. The appointee must have the same qualifications as are required of the
elective official.

2. No appointment may extend beyond the
first regular meeting of the city council which follows the next general
municipal election, at which election the office must be filled for the
remainder of the unexpired term, or beyond the first regular meeting of the
city council after the Tuesday after the first Monday in the next succeeding
June in an odd-numbered year, if no general municipal election is held in that
year.

1. The mayor must be a qualified elector
who has resided within the territory which is established by the boundaries of
the city for a period of not less than 30 days immediately before the last day
for filing a declaration of candidacy for that office and be elected by the
registered voters of the city at large.

2. Each councilman must be a qualified
elector who has resided within the ward which he represents for a period of not
less than 30 days immediately before the last day for filing a declaration of
candidacy for his office and be elected by the registered voters of that ward.

3. The mayor or any councilman automatically
forfeits the remainder of his term of office and that office becomes vacant if
he ceases to be a resident of the city or of the ward which he represents, as
the case may be.

4. The respective salaries of the mayor
and councilmen must be fixed by ordinance.

Sec. 2.030 Mayor: Duties; Mayor pro
tempore: Duties.

1. The mayor shall preside over and
conduct the meetings of the city council.

2. The city council shall elect one of
its members to be mayor pro tempore. That person:

(a) Shall hold that office and title without
additional compensation during the term for which he was elected as mayor pro
tempore.

(b) Possesses the powers and shall perform the
duties of mayor during the absence or disability of the mayor.

(c) Shall act as mayor until the next municipal
election, if the office of mayor becomes vacant.

Sec. 2.040 Mayor and councilmen not
to hold other office.

1. The mayor and councilmen may not:

(a) Hold any other elective office of the state
or any political subdivision of the state or any other employment with the
county or the city, except as is provided by law or as a member of a board or
commission for which no compensation is received.

(b) Be elected or appointed to any office which
was created, or the compensation for which was increased or fixed, by the city
council until 1 year after the expiration of the term for
which the mayor or councilman was elected or appointed.

until 1 year after the expiration of the term for which the
mayor or councilman was elected or appointed.

2. Any person who accepts any office
which is proscribed by subsection 1 automatically forfeits his office as mayor
or councilman.

Sec. 2.050 Meetings: Regular and
special; time and place; notice.

1. The city council shall prescribe by
ordinance the day or days, time and place of its regular meetings. At least one
regular meeting must be held during each month.

2. The regular meeting day or days must
remain unchanged unless notice of the proposed change is published in the
manner provided for the publication of notices which are required by article
VIII of this charter.

3. Special meetings may be held on the
call of the mayor or of two councilmen, by giving a minimum of six hours
written notice of the special meeting to the mayor and to each councilman
before the meeting, served personally or left at his usual place of abode, but
the mayor or any councilman may waive service of that notice upon him before,
at or after the meeting.

4. At a special meeting:

(a) Unless all of the members of the city
council are present, no business may be transacted except that which has been
stated in the call of the meeting.

(b) No ordinance may be passed except an
emergency ordinance or one whose enactment as if an emergency existed is
permitted by chapter 350 of NRS or section 7.020 or 8.210 of this charter.

(c) No vote of the city council may be
reconsidered unless there is present at least as large a number of the members
of the city council as were present when the matter was previously voted upon.

Sec. 2.060 Meetings: Quorum.

1. A majority of all members of the city
council constitutes a quorum to do business, but a lesser number may meet and
recess from time to time or compel the attendance of the absent members, or
both, under such penalties as may be prescribed by ordinance.

2. Unless otherwise provided by law,
including sections 1.160, 2.100 and 3.050 and subsection 3 of section 2.110 of
this charter, the concurrence of a majority of a quorum of the city council is
necessary to pass any proposition.

Sec. 2.070 Oaths and affirmations. The
mayor, each councilman and the city clerk may administer oaths and affirmations
which relate to any business which pertains to the city before the city council
or is to be considered by the city council.

Sec. 2.080 City council: Judging
qualifications and discipline of members; power of subpena; enforcement of
subpenas.

(c) Provide for the punishment of any member for
disorderly conduct which is committed in its presence.

(d) Order the attendance of witnesses and the
production of all documents which relate to any business before the city
council.

2. In order to assure the attendance of
witnesses and the production of documents, if any person who is ordered to
appear before the city council fails to obey that order:

(a) The city council or any member thereof may
apply to the clerk of the district court for a subpena which commands the
attendance of that person before the city council.

(b) The clerk of the district court may issue
the subpena, and any peace officer may serve it.

(c) If the person upon whom the subpena is served
fails to obey it, the court may issue an order to show cause why that person
would not be held in contempt of court and, upon a hearing of the matter, may
adjudge that person guilty of contempt and punish him accordingly.

Sec. 2.090 Powers of city council:
Ordinances; resolutions and orders.

1. The city council may make and adopt
all ordinances, resolutions and orders, not repugnant to the Constitution of
the United States or the constitution of the State of Nevada or the provisions
of NRS or of this charter, which are necessary for the municipal government,
the management of the affairs of the city and the execution of all of the
powers which are vested in the city.

2. The city council may enforce those
ordinances by providing penalties which do not exceed those which are
established by the legislature for misdemeanors.

3. The city council may not adopt any
ordinance which provides for an increase or a decrease in the salary of any
elective officer to take effect during the term for which that officer is
elected or appointed, but the city council may by ordinance increase or
decrease the salary for any elective office at any time before the day
preceding the last day for filing a declaration of candidacy for that office
for the next succeeding term to take effect on the first day of the next
succeeding term.

1. No ordinance may be adopted except by
bill and by the majority vote of the entire city council. The style of all
ordinances must be as follows: The City Council of the City of Las Vegas does
ordain:.

2. No ordinance may contain more than one
general subject matter and matters which pertain to or are necessarily
connected with the general subject matter, and the subject must be briefly
indicated in the title. If the subjects of the ordinance are not expressed in
the title, the ordinance is void as to those matters which are not expressed in
the title.

3. Any ordinance which amends an existing
ordinance or an existing section or sections of a codification of ordinances
must set out in full the ordinance or sections of the ordinance or the section
or sections of the codification of ordinances which are to be amended and
indicate any matter to be omitted by enclosing it in brackets and any new
matter by underscoring it or by italics.

Sec. 2.110 Ordinances: Procedure
for enactment; emergency ordinances.

1. All proposed ordinances, when they are
first proposed, must be read to the city council by title and referred for
consideration to a committee which is composed of any number of members of the
city council who are designated by the mayor, after which an adequate number of
copies of the proposed ordinance must be deposited with the city clerk for
public examination and distribution upon request. Except as otherwise provided
in subsection 3 and for the adoption of specialized or uniform codes, notice of
the deposit must be published once at least 10 days before the adoption of the
ordinance. The city council must adopt or reject the ordinance, or an amendment
thereto, within 30 days after the date of that publication.

2. At the first regular meeting of the
city council, or any adjournment of that meeting, after the proposal of an
ordinance and its reference to a committee, the committee must report to the
city council with respect to the proposed ordinance, at which time the committee
may request additional time to consider it. The committee must complete its
additional consideration of the proposed ordinance and report its
recommendations to the board with the 30-day period which is specified in
subsection 1. After a recommendation by the committee for the adoption of the
proposed ordinance, the proposed ordinance must be read by title as first
introduced, or as amended, and finally voted upon or action thereon postponed,
but the proposed ordinance must be adopted, with or without amendments, or
rejected within 30 days after the date of the publication which is provided for
in subsection 1.

3. In cases of emergency or where the
ordinance is of a kind whose enactment as if an emergency existed is permitted
by chapter 350 of NRS or section 7.020 or 8.210 of this charter, final action,
upon the unanimous vote of the entire city council, may be taken immediately or
at a special meeting which has been called for that purpose, and no notice of
the filing of copies of the proposed ordinance with the city clerk need be
published.

4. Each ordinance must be signed by the
mayor, attested by the city clerk and published at least once by title,
together with the names of the members of the city council who voted for or
against its adoption, and the ordinance becomes effective on the day after that
publication. The city council may, by majority vote, order the publication of
the ordinance in full in lieu of publication by title only.

5. The city clerk shall record all
ordinances which have been adopted in a register which is
kept for that purpose, together with the affidavits of publication by the
publisher.

adopted in a register which is kept for that purpose,
together with the affidavits of publication by the publisher.

Sec. 2.120 Powers of city council:
Exercise by ordinance.

When a power is conferred upon the city council to do
and perform any act or thing, and the manner of exercising that power is not
specifically provided, the city council may provide by ordinance the manner and
details which are necessary for the full exercise of that power.

Sec. 2.130 Powers of city council:
Denial, suspension or revocation of work permit; appeal to city council. Whenever
under any city ordinance a person is required to obtain a work permit or an
identification card from the sheriff of the Las Vegas Metropolitan Police
Department or any city officer as a condition of employment in any
establishment which has been determined to be privileged by the city council
and licensed by the city, and his work permit or identification card is denied,
suspended or revoked by the sheriff or city officer, the person aggrieved may
appeal from that action to the city council by filing a written notice of
appeal with the city clerk within 10 days after the date of the denial,
suspension or revocation of his work permit or identification card.

Sec. 2.140 Powers of city council:
Public property, buildings.

1. The city council may:

(a) Erect and maintain all buildings which are
necessary for the use of the city.

(b) Purchase, receive, hold, sell, lease, convey
and dispose of property, real, personal or mixed and wherever situate, for the
benefit of the city, improve and protect that property and do all other things
in relation to that property which a natural person might or could do.

(c) Acquire property within or without the
corporate boundaries of the city for any city purpose, in fee simple or any
lesser interest or estate, by purchase, exchange, gift, demise, lease or
condemnation.

(d) Sell, exchange, lease, hold, manage and
control the property of the city as the interest of the city may require or as
will result in the maximum benefit to the city from that action.

(e) Purchase or sell property for industrial
development. Any property which is purchased or sold for industrial development
may be purchased or sold above, at or below its fair market value upon a
finding by the city council that the purchase or sale of that property will
have a favorable effect upon the industrial development of the city.

2. The city council may not, except as is
otherwise specifically provided in this charter or in any other law, mortgage,
hypothecate or pledge any property of the city for any purpose.

Sec. 2.150 Powers of city council:
Licensing, regulation and prohibition of businesses, trades and professions.

1. The city council may:

(a) Except as is otherwise provided in subsection
2, license and regulate all lawful businesses, trades and professions.

(b) Fix, impose and collect a license tax for
regulation or for revenue, or both, upon all businesses, trades and professions
and provide an equitable standard for fixing those license taxes.

(c) Suspend or revoke the license of any
business, trade or profession for failing to comply with any regulation of the
city in such manner as may be prescribed by ordinance.

2. No person, firm or corporation which
is licensed by an agency of the state to conduct or practice any business,
trade or profession, except as is otherwise provided in subsection 3, may be
denied a license to conduct or practice that business, trade or profession, nor
may the license be suspended or revoked, if:

(a) That person, firm or corporation complies
with all of the regulations which are established by that agency and pays to
the city such license taxes and related fees and posts such bond or bonds as
may be prescribed by ordinance; and

(b) The location of the business, trade or
profession complies with all of the requirements of all of the zoning,
building, plumbing, electrical, safety and fire prevention codes or regulations
of the city.

3. The city council may provide by
ordinance regulations which restrict the number, location and method of
operation of and the qualifications for ownership in:

(a) Liquor-dispensing or gaming establishments,
or both;

(b) Businesses which are engaged in the
manufacture or distribution, or both, of liquor or gaming devices; and

(c) Such other businesses, trades and
professions as may be declared by ordinance to be privileged,

and regulations which prescribe the circumstances under and
the manner in which licenses with respect to those establishments, businesses,
trades and professions may be denied, limited, suspended or revoked.

Sec. 2.160 Powers of city council:
Police ordinances.

1. The city council may enact and enforce
such local police ordinances as are not in conflict with the general laws of
the state.

2. Any offense which is made a
misdemeanor by the laws of the state shall also be deemed to be a misdemeanor
against the city whenever that offense is committed within the city.

Sec. 2.170 Powers of city council: Fire
protection; regulation of explosives, inflammable materials; fire codes and
regulations. The city council may:

1. Organize, regulate and maintain a fire
department.

2. Regulate or prohibit the storage in or
the transportation through the city of any explosive, combustible or
inflammable material and prescribe the location within the city where those
materials may be kept.

3. Establish by ordinance a fire code and
other regulations which are necessary to provide for the
prevention of and protection against fires and to carry out the purposes of
this section.

are necessary to provide for the prevention of and
protection against fires and to carry out the purposes of this section.

4. Suspend or revoke the license of any
business for its failure to comply with any regulation which is adopted
pursuant to this section.

Sec. 2.180 Powers of city council:
Public health; board of health; regulations. The city council may:

1. Provide for safeguarding the public
health in the city.

2. Create a board of health and prescribe
the powers and duties of that board.

3. Provide for the enforcement of all
regulations and quarantines which are established by the board of health by
imposing adequate penalties for violations of those regulations and
quarantines.

Sec. 2.190 Powers of city council:
Treatment of alcoholics and narcotics addicts. The city council
may provide for the treatment and rehabilitation of alcoholics and narcotic
addicts in city facilities or for the support and maintenance of those alcoholics
and addicts and their treatment and rehabilitation in facilities which are
furnished by individual persons or private or public institutions, corporations
or associations.

Sec. 2.200 Powers of city council:
Buildings; construction and maintenance regulations; building and safety codes. Subject
to the limitations which are contained in NRS 278.580, 278.583 and 444.340 to
444.430, inclusive, the city council may:

1. Regulate all matters which relate to
the construction, maintenance and safety of buildings, structures and property
within the city.

2. Adopt any building, electrical,
plumbing, mechanical or safety code which is necessary to carry out the
provisions of this section and establish such fees as may be necessary.

Sec. 2.210 Powers of city council:
Zoning and planning.

1. The city council may:

(a) Divide the city into districts and regulate
and restrict the erection, construction, reconstruction, alteration, repair or
use of buildings, structures or land within those districts.

(b) Establish and adopt ordinances and
regulations which relate to the subdivision of land.

2. The city council must carry out the
provisions of subsection 1 in the manner which is prescribed by chapter 278 of
NRS.

Sec. 2.220 Powers of city council:
Rights of way, parks, public buildings and grounds and other public places. The
city council may:

1. Lay out, maintain, alter, improve or
vacate all public rights of way in the city.

2. Regulate the use of public parks,
buildings, grounds and rights of way and prevent the unlawful use of those
public places.

3. Require landowners to keep the
adjacent streets, sidewalks, public parks, buildings and grounds free from
encroachments or obstructions.

(b) Any practice which tends to annoy persons
passing in those public places.

(c) Public demonstrations and processions.

5. Prevent riots or any act which tends
to promote riots in any public place.

Sec. 2.230 Powers of city council:
Traffic control. The city council may by ordinance regulate:

1. All vehicular, pedestrian and other traffic
within the city and provide generally for the public safety on the public
streets, publicly owned parking lots, parking areas to which the public is
invited and public rights of way.

2. The length of time for which vehicles
may be parked upon the public streets and publicly owned parking lots.

1. The city council may acquire, install,
maintain, operate and regulate parking meters at the curbs of the streets or
upon publicly owned property which is made available for public parking. The
parking fees which are to be charged for the use of the parking facilities
which are regulated by parking meters must be fixed by the city council.

2. Except as is otherwise provided in
this charter, the city council may acquire property within the city by any
lawful means, including eminent domain, for the purpose of establishing public
parking facilities for vehicles off the streets. The city council may, in any
bonds which are issued to acquire property for this purpose, pledge the
revenues from parking on the streets or the general credit of the city, or
both, to secure the payment of the principal and interest on those bonds.

Sec. 2.250 Powers of city council:
Rail transportation.

The city council may:

1. License, regulate, establish or
prohibit any means of transportation which has a fixed guide or rail in, upon,
over or under any public right of way.

2. Grant a franchise to any person, firm
or corporation to operate any means of transportation in, upon, over or under
the public rights of way and adjacent property.

3. Declare a nuisance and require the
removal of the fixed guides or rails of any means of transportation in, upon,
over or under any public right of way.

4. Subject to NRS 704.300, condemn rights
of way for any public purpose across a right of way which is owned or otherwise
controlled by any company which owns or operates any means of transportation.

5. Prescribe the length of time any
public right of way may be obstructed by trains or similar means of conveyance
standing on that right of way.

6. Require any company which owns or
operates any means of transportation to provide protection against injuries to
persons or property.

7. Require railroad companies to fence
their tracks and to construct cattle guards and crossings and keep them in
repair.

8. Compel any company which owns or
operates any means of transportation to provide a means by which the drainage
from the property which is adjacent to its right of way is not to be impaired.

9. Subject to NRS 704.300, compel any
company which owns or operates any means of transportation to raise or lower
its fixed guides or rails to conform to any grade which has been or will be
established by the city, so that those guides or rails may be crossed over or
under at any place on the public right of way.

Sec. 2.260 Powers of city council:
Nuisances. The city council may:

1. Determine by ordinance what are
nuisances.

2. Provide for the abatement, prevention
and removal of those nuisances at the expense of the person who creates, causes
or commits those nuisances.

3. Provide that the expense of removal of
those nuisances is a lien upon the property upon which each nuisance is
located. That lien:

(a) Must be perfected by filing with the county
recorder a statement by the city clerk in which he states the amount of the
expenses which are due and unpaid and describes the property which is subject
to the lien.

(b) Is coequal with the latest lien upon that
property to secure the payment of general taxes.

(c) Is not subject to extinguishment by the sale
of any property on account of the nonpayment of general taxes.

(d) Is prior and superior to all liens, claims,
encumbrances and titles, other than the liens of assessments and general taxes.

(e) May be enforced or foreclosed in such manner
as may be prescribed by ordinance.

4. Provide any other penalty for or
punishment of any person who is responsible for any nuisance.

Sec. 2.270 Powers of city council:
Animals and poultry.

The city council may:

1. Fix, impose and collect an annual
license tax on all animals and provide for the capture and disposal of all of
the animals with respect to which that tax is not paid.

2. Regulate or prohibit the running at
large and disposal of all kinds of animals and fowl.

3. Establish, operate and maintain an
animal shelter.

4. Prohibit cruelty to animals.

5. Provide regulations for the prevention
of diseases of animals and fowl.

Sec. 2.280 Powers of city council:
Abatement of noxious insects, rats and disease-bearing organisms. The
city council may take all steps which are necessary and proper for the
extermination of noxious insects, rats and other disease-bearing organisms, either
in the city or in the territory which is outside the city but so situate that
insects, rats and disease-bearing organisms may migrate or be carried into the
city.

Sec. 2.290 Powers of city council:
Sanitary sewer facilities. The city council may:

1. Provide for a sanitary sewer system,
or any part of a sanitary sewer system, and obtain property for that system,
either within or without the city.

2. Sell any product or byproduct of that
system and acquire the appropriate outlets, both within and without the city,
and extend the sewerlines to those outlets.

3. Establish sewer service fees or sewer
connection fees, or both, and provide for the enforcement and collection of
those fees.

Sec. 2.300 Powers of city council:
Provision of utilities. The city council may:

1. Provide, by contract, franchise or
public ownership or operation, for any utility to be furnished to the residents
of the city.

2. Provide for the construction and
maintenance of any facility which is necessary for the provision of those
utilities.

3. Prescribe, revise and collect rates,
fees, tolls and charges, including fees for connection, for the services,
facilities or commodities which are furnished by any municipally owned or
municipally operated utility or undertaking and no rate, fee, toll or charge
for the services, facilities or commodities which are furnished by any
municipally owned or municipally operated utility or undertaking may be
prescribed, revised, amended, altered, increased or decreased without proceeding
as follows:

(a) There must be filed with the city clerk and
available for public inspection schedules of all rates, fees, tolls and charges
which the city has established and which are in force at that time for any
service which is performed or product which is furnished in connection with any
utility which is owned or operated by the city.

(b) No change may be made in any or those
schedules except upon 30 days notice to the inhabitants of the city and the
holding of a public hearing with respect to the proposed change. Notice of the
proposed change must be given by at least two publications during the 30-day
period before the hearing.

(c) At the time which is set for the hearing on
the proposed change, any person may appear and be heard and offer any evidence
in support of or against the proposed change.

(d) Every utility which is owned or operated by
the city must furnish reasonably adequate service and facilities, and the
charges which are made for any service which is or wil be rendered, or for any
service which is connected with or incidental to any
service which is or will be rendered, by the city must be just and reasonable.

which is connected with or incidental to any service which
is or will be rendered, by the city must be just and reasonable.

4. Any rate, fee, toll or charge,
including any fee for connection which is due for services, facilities or commodities
which are furnished by the city or by any utility which is owned or operated by
the city pursuant to this section is a lien upon the property to which the
service is rendered. That lien:

(a) Must be perfected by filing with the county
recorder of the county a statement by the city clerk in which he states the
amount which is due and unpaid and describes the property which is subject to
the lien.

(b) Is coequal with the latest lien upon that
property to secure the payment of general taxes.

(c) Is not subject to extinguishment by the sale
of any property on account of the nonpayment of general taxes.

(d) Is prior and superior to all liens, claims,
encumbrances and titles, other than the liens of assessments and general taxes.

(e) May be enforced and foreclosed in such
manner as may be prescribed by ordinance.

Sec. 2.310 Powers of city council:
Acquisition or establishment of city utility.

1. The city council, on behalf of the
city and in its name, may acquire, establish, hold, manage and operate, either
alone or with any other government or any instrumentality or subdivision of any
government, any public utility in the manner which is provided in this section.

2. The city council must adopt a
resolution which sets forth fully and in detail:

(a) The public utility which is proposed to be
acquired or established.

(b) The estimated cost of that utility, as shown
in a recent report, which has been approved by the city council, of an engineer
or consulting firm which had previously been appointed by the city council for
that purpose.

(c) The proposed bonded indebtedness which must
be incurred in order to acquire or establish that utility, the terms, amount
and rate of interest of that indebtedness and the time within which, and the
fund from which, that indebtedness is redeemable.

(d) That a public hearing on the advisability of
acquiring the public utility will be held at the first regular meeting of the
city council after the final publication of the resolution.

3. The resolution must be published in
full at least once a week for 4 successive weeks.

4. At the first regular meeting of the
city council, or any adjournment of that meeting, after the completion of the
publication, the city council may, without an election, enact an ordinance for
that purpose, which must conform in all respects to the terms and conditions of
the resolution, unless, within 30 days after the final publication of the
resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less
that 15 percent of the registered voters of the city, as shown by the last
preceding registration list, who own not less than 10 percent in assessed value
of the taxable property within the city, as shown by the last preceding tax
list or assessment roll, and which prays for a special election in the city on
the question of the enactment of the proposed ordinance.

a number of registered voters of the city which is not less
that 15 percent of the registered voters of the city, as shown by the last
preceding registration list, who own not less than 10 percent in assessed value
of the taxable property within the city, as shown by the last preceding tax
list or assessment roll, and which prays for a special election in the city on
the question of the enactment of the proposed ordinance. Upon the filing of
that petition, the proposed ordinance may not be enacted or be valid or
effective for any purpose unless, at a regular election or a special election
which is called for that purpose, a majority of the votes which are cast in
that election are cast in favor of the enactment of the ordinance.

5. If the proposed ordinance is adopted,
either without an election or as a result of an election, the city council may
issue bonds to obtain revenue for acquiring or constructing systems, plants,
works, instrumentalities and properties which are needed in connection with
that public utility.

Sec. 2.320 Powers of city council:
Cemeteries; acquisition and maintenance. The city council may, by
any lawful means, acquire, control and maintain property for public use as
cemeteries and may from time to time enlarge, abolish or sell any cemetery
which has been established or is owned by the city.

Sec. 2.330 Powers of city council:
Television franchises.

1. The city council may contract with,
authorize or grant a franchise to any person, firm or corporation to construct,
maintain and operate a television installation system which requires the use of
city property, or that portion of the city which is dedicated to public use,
for the maintenance of cables or wires underground, on the surface or on poles
for the transmission of television images.

2. Any franchise which is granted
pursuant to this section must establish a time within which actual construction
must be commenced and a time within which the distribution of television images
must be available and may require the posting of a bond in an amount to be
determined by the city council in order to assure compliance with the
franchise.

3. The procedure for the granting of
franchises generally, as provided in section 7.050 of this charter, applies to any
franchise which is proposed to be granted pursuant to this section.

Sec. 2.340 Powers of city council:
Municipal services.

The city council may provide, either alone or with any
other government or any instrumentality or subdivision of any government, by
lease, contract or franchise, for any of the following municipal services:

8. Transportation services, including
towing and wrecking services; and

9. Other municipal services which are
deemed by the city council to be in the public interest.

Sec. 2.350 Powers of city council:
General. The city council has such other powers, which are not in
conflict with the express or implied provisions of this charter, as are
conferred generally by statute upon the governing bodies of cities which are
organized under special charters.

ARTICLE III

Executive Department

Sec. 3.010 Mayor: Executive powers. The
mayor:

1. Is the chief executive officer of the
city government.

2. Shall take all proper measures for the
preservation of the public peace and order and the suppression of riots,
tumults and all forms of public disturbances, for which purposes he may request
assistance from the sheriff of the Las Vegas Metropolitan Police Department. If
the local law enforcement forces are inadquate, he may call upon the governor
for military aid in the manner provided by law.

3. Shall perform such other emergency
duties as may be necessary for the public health, safety, prosperity, security,
general welfare and orderly government of the city and its inhabitants.

4. Must sign all contracts, resolutions
and ordinances which have been approved by the city council. If the mayor
refuses to sign any contract, resolution or ordinance which has been approved
by the city council within 5 days after he has received it, the mayor pro
tempore shall, at the direction of the city council which is given at a duly
convened meeting of the city council, sign that contract, resolution or
ordinance.

5. Perform such other duties as may be
prescribed by ordinance or by the provisions of NRS which apply to a mayor of a
city which is organized under the provisions of a special charter.

Sec. 3.020 Mayor and councilmen:
Executive assistants; employees. The mayor and councilmen may
recommend such executive assistants and employees as they may require, to be
appointed by the city manager subject to the ratification of the city council.

Sec. 3.030 City manager:
Appointment; duties; salary. The city council shall appoint a city
manager as the chief administrative officer of the city, and fix his salary.
The city manager is responsible to the city council for the efficient and
proper administration of all of the affairs of the city. In this connection, he
shall:

2. Exercise control over all of the
departments and divisions of city government and over all of the officers and
employees of the city.

3. From time to time, give to the city
council information in writing concerning the state of the city and recommend
to the city council the adoption of such measures, bills and programs as he
deems are necessary, appropriate, expedient or beneficial to the city.

4. Cause to be prepared and submit to the
city council the annual budget of the city.

5. See that all general laws and
ordinances of the city are observed and enforced.

6. See that all contracts of the city are
faithfully kept and fully performed and, to that end and in any case in which
it is necessary or appropriate in order to protect the interests of the city,
must, with the approval of the city council, cause legal proceedings to be
instituted or defended at the expense of the city.

7. Execute those contracts and other
documents the execution of which is delegated, either specifically or
generally, to him by the city council.

8. Perform such other administrative
duties as are designated by the city council or as may be prescribed by
ordinance.

9. Have no other employment.

Sec. 3.040 City manager: Additional
powers. In addition to the duties which are imposed upon him by section
3.030 of this charter, the city manager may:

1. Appoint such deputies, administrative
assistants and clerical personnel as he deems necessary.

2. Require from each municipal judge and
each appointive officer of the city at any time a report in detail with respect
to all of the transactions of their respective offices or of any matters which
are connected with their respective offices.

Sec. 3.050 City manager: Removal.

1. The city council may remove the city
manager from office in accordance with the procedure which is contained in this
section.

2. The city council must adopt, by the
affirmative vote of a majority of its entire membership, a preliminary
resolution which must state the reasons for the proposed removal and may
suspend the city manager from duty for a period not to exceed 15 days. A copy
of the resolution must be delivered promptly to the city manager.

3. Within 5 days after a copy of the
resolution is delivered to the city manager, he may file with the city clerk a
written request for a public hearing. The public hearing must be held at a
meeting of the city council not earlier than 15 days nor later than 30 days
after the request is filed. The city manager may file with each member of the
city council a written reply to the reasons which are stated in the resolution
not later than 5 days before the hearing.

4. The city council may adopt a final
resolution of removal, which may be made effective
immediately, by the affirmative vote of a majority of its entire membership at
any time after 5 days after the date on which the copy of the preliminary
resolution was delivered to the city manager, if he has not requested a public
hearing, or at any time after the public hearing, if he has requested one.

may be made effective immediately, by the affirmative vote
of a majority of its entire membership at any time after 5 days after the date
on which the copy of the preliminary resolution was delivered to the city
manager, if he has not requested a public hearing, or at any time after the
public hearing, if he has requested one.

5. The city manager is entitled to
receive his salary until the effective date of the final resolution of removal.
The discretionary decision of the city council in suspending or removing the
city manager is not subject to review by any agency or court.

Sec. 3.060 Creation of departments,
divisions. The city council may provide by ordinance for such
departments and divisions of departments as the affairs of the city may
require.

Sec. 3.070 Appointive officers:
Appointment by city manager. The city manager shall appoint the
following officers, subject to ratification by the city council:

1. Director of financial management.

2. Director of public services.

3. Fire chief.

4. City clerk.

5. City attorney.

6. A director of each department which is
established pursuant to section 3.060 of this charter.

7. Such other officers as may be
necessary.

Sec. 3.080 Appointive officers:
Deputies, employees.

1. Appointive officers may recommend for
appointment by the city manager such deputies and employees as they may
require.

2. Deputies of the appointive officers have
the same powers as their principals.

Sec. 3.090 City clerk: Duties. The
city clerk shall:

1. Keep the corporate seal and all papers
and records which belong to the city.

2. Keep a record of the proceedings of
the city council and attend all meetings of the city council.

3. Attest to the signature of the mayor
or mayor pro tempore on all contracts, resolutions, ordinances and other
documents which have been approved by the city council and signed by the mayor
or mayor pro tempore.

(a) A duly licensed member, in good standing, of
the State Bar of Nevada.

(b) The legal officer of the city and, as such,
shall advise the city council and all offices of the city in all matters with
respect to the affairs for the city and perform such duties as may be
designated by the city council or prescribed by ordinance.

2. The city attorney and deputy city
attorneys may not engage in the private practice of law.

Sec. 3.110 Appointment of special
counsel; expenses. The city council may employ special counsel to
aid the city attorney whenever in its judgment the public interest requires
that employment, and the expense of employing special counsel must be allowed
and paid in the same manner as other claims against the city.

Sec. 3.120 County assessor to be city
assessor; duties.

1. The county assessor of the county is,
ex officio, the city assessor of the city.

2. At the request of the assessor, the
city council may appoint and fix the salary of a deputy city assessor to
perform such duties with respect to city assessments as the city council deems
are necessary.

1. The city council shall establish a
department of financial management, the head of which is the director of financial
management. The department of financial management may also include such other
qualified personnel as the city manager determines are necessary properly to
handle the financial matters of the city.

2. The director of financial management:

(a) Must have knowledge of municipal accounting
and taxation.

(b) Must have experience in budgeting and
financial control.

(c) Has charge of the administration of the
financial affairs of the city.

(d) Must provide a surety bond in the amount
which is fixed by the city council.

(e) Shall perform or cause to be performed on
behalf of the city all of the duties and responsibilities which are imposed
upon the city by NRS 354.470 to 354.626, inclusive.

3. The city council may establish by
ordinance such regulations as it deems are necessary for the proper conduct of
the department of financial management and its officers and employees.

Sec. 3.140 Department of financial
management: Audits.

1. The department of financial management
shall maintain complete records of all fiscal transactions of and claims
against the city.

2. Before payment, all claims and
accounts against the city must be approved by the department of financial management.
No money may be paid for any purpose except by following procedures which have
been approved by the city council. The city treasurer shall prepare all
warrants, to be drawn against the proper accounts, in payment of those claims.
The warrants which are issued must bear the signatures of the director of
financial management and the city treasurer, if any. Facsimile signatures may
be permitted under the procedures which are prescribed by ordinance.

Sec. 3.150 City treasurer: Duties.

1. The director of financial management
may recommend for appointment by the city manager a city treasurer.

(a) Shall perform such duties as may be
designated by the director of financial management or prescribed by ordinance.

(b) Must provide a surety bond in the amount
which is fixed by the city council.

Sec. 3.160 Director of financial
management, city treasurer: Official bonds. The director of
financial management and city treasurer are liable and accountable on their
official bonds for the performance of their duties under the provisions of this
charter, and the city council may require from them such additional security as
may be necessary from time to time.

Sec. 3.170 City auditor: Duties.

1. The director of financial management
may recommend for appointment by the city manager a city auditor.

2. The city auditor shall perform such
duties as may be designated by the director of financial management or
prescribed by ordinance.

1. The city council may prescribe by
ordinance the qualifications, powers and duties of all appointive officers of
the city, if those qualifications, powers and duties have not been established
by this charter, and may add to, alter or restrict those qualifications, powers
and duties from time to time.

2. The city manager may designate such
additional qualifications, powers and duties of all of the appointive city officers,
which are not in conflict with the provisions of this charter or any ordinance
which prescribes those qualifications, powers and duties, as he may deem are
necessary or appropriate and may add to, alter or restrict those qualifications,
powers and duties from time to time.

Sec. 3.190 Director of public
services: Qualifications. The director of public services must be
a registered professional engineer in the state and have such other qualifications
as may be prescribed by ordinance.

Sec. 3.200 City engineer:
Qualifications; duties.

1. The director of public services may
recommend for appointment by the city manager a city engineer, who must be a
registered professional engineer in the state.

2. The city engineer shall perform such
duties as may be designated by the director of public services or prescribed by
ordinance.

Sec. 3.210 Appointive officers:
Removal. Each appointive officer serves at the pleasure of the
city manager and may be removed by him at any time, subject to ratification by
the city council.

Sec. 3.220 Appointive officers:
Performance of duties; salary.

1. All appointive officers of the city,
except the city manager and the board of civil service trustees, must have such
qualifications and powers and perform such duties, under the direction of the
city manager, as may be designated by the city manager or are prescribed,
conferred or imposed by ordinance, this charter or general law.

2. All appointive officers of the city
and their deputies must receive such salary as may be designated by the city
manager within the salary ranges which have been established for their
respective positions by the city council.

Sec. 3.230 Appointive officers;
city managers direction; administration of departments. All
departments, offices and agencies, except the city manager and the board of
civil service trustees, are under the general direction and supervision of the
city manager and must be administered by an officer who is subject to the
immediate direction and supervision of the city manager. With the consent of
the city council, the city manager may serve also as the director of one or more
departments, offices or agencies and may appoint one person to be the director
of two or more departments, offices or agencies.

1. Each officer of the city, whether he
is elected or appointed, must, before entering upon the duties of his office,
take and subscribe to the constitutional oath of office.

2. The city council may require from all
of the officers, whether they are elected or appointed, and employees of the
city who are responsible for handling city funds sufficient security for the
faithful and honest performance of their respective duties and for the payment
of all money received by those officers, according to law and the ordinances of
the city.

1. All bonds which are given by the
officers, whether they are elected or appointed, and employees of the city must
be filed with the city clerk.

2. The city council may, at any time,
require further and additional bonds of any officer, whether he is elected or
appointed, or employee of the city.

Sec. 3.260 Appointive and elective
offices: Surrender of effects of office. Each officer, whether he
is elected or appointed, of the city shall, within 5 days after notification
and request by the city manager, deliver to that officers successor in office
all properties, books and effects of every description in his possession which
belong to the city or pertain to his office, and, upon his failure, refusal or
neglect to do so, becomes liable for all damages which are caused by his
failure, refusal or neglect, and to such penalty as may be prescribed by
ordinance.

Sec. 3.270 Appointive and elective
offices: Interest in city contracts prohibited. No officer of the
city, whether he is elected or appointed, may be directly or indirectly
interested in:

1. All taxes, fines, forfeitures or other
money of the city which is collected or recovered by any officer, whether he is
elected or appointed, or any employee of the city or other person pursuant to
this charter or any valid ordinance of the city must be paid by the officer or
employee or person who collects or receives that money to the director of
financial management, who must dispose of it in accordance with the ordinances,
regulations and procedures which have been established by the city council.

2. The city council may, by proper legal
action, collect all of the money which is due and unpaid to the city or any
office of the city, and the city council may pay from the general fund all of
the fees and expenses which are necessarily incurred by the city in connection
with the collection of that money.

Sec. 3.290 Appointive and elective
offices: Additional cause for removal; filing of vacancy. In
addition to any other provision of this charter or in the general law which
relates to the removal of public offices, any officer of the city, whether he
is elected or appointed, must be removed for any of the causes and in the
manner which are specified in chapter 283 of NRS, and the vacancy which is
caused by that removal must be filled as prescribed by law.

ARTICLE IV

Judicial Department

Sec. 4.010 Municipal court.

1. There is a municipal court of the city
which consists of at least two departments, each of which must be presided over
by a municipal judge and has such power and jurisdiction as is prescribed in,
and is, in all respects which are not inconsistent with this charter, governed
by, chapters 5 and 266 of NRS which relate to municipal courts.

2. The city council may from time to time
establish additional departments of the municipal court and shall appoint an
additional municipal judge for each.

3. At the first general election which
follows the appointment of an additional municipal judge to a newly created
department of the municipal court, the successor to that municipal judge must be
elected for a term of 2 or 4 years, as determined by the city council, in order
to effectuate the intent of this provision that, as nearly as practicable,
one-half of the number of municipal judges be elected every 2 years.

4. The respective departments of the
municipal court must be numbered 1 through the appropriate arabic number, as
additional departments are approved by the city council. A municipal judge must
be elected for each department by number.

1. Each municipal judge shall devote his
full time to the duties of his office and must be:

(a) A duly licensed member, in good standing, of
the State Bar of Nevada, but this qualification does not apply to any municipal
judge which is an incumbent when this charter becomes effective as long as he
continues to serve as such in uninterrupted terms.

(b) A qualified elector who has resided within
the territory which is established by the boundaries of the city for a period
of not less than 30 days immediately before the last day for filing a declaration
of candidacy for the department for which he is a candidate.

(c) Voted upon by the registered voters of the
city at large.

2. The salary of the municipal judges
must be fixed by ordinance.

3. The municipal judge who holds
seniority in years of service in office, either elected or appointed, is the
master judge. If two or more judges are equal in seniority, the master judge
must be chosen from among them by the city council. The master judge:

(a) Shall establish and enforce administrative
regulations for governing the affairs of the municipal court.

(b) Is responsible for setting trial dates and
other matters which pertain to the court calendar.

(c) Shall perform such other court
administrative duties as may be required by the city council.

4. Alternate judges in sufficient numbers
may be appointed annually by the mayor, each of whom:

(a) Must be a duly licensed member, in good
standing, of the State Bar of Nevada and have such other qualifications as are
prescribed by ordinance.

(b) Has all of the powers and jurisdiction of a
municipal judge while he is acting as such.

(c) Is entitled to such compensation as may be
fixed by the city council.

5. Any municipal judge, other than an
alternate judge, automatically forfeits his office if he ceases to be a
resident of the city.

Sec. 4.030 Disposition of fines. All
of the fines and forfeitures which are imposed by the municipal court must be
paid into the treasury of the city in the manner and at the times prescribed by
ordinance.

Sec. 4.040 (Deleted by amendment.)

ARTICLE V

Elections

Sec. 5.010 Primary municipal
elections.

1. On the Tuesday after the 1st Monday in
May 1985, and at each successive interval of 4 years, a primary municipal
election must be held in the city at which time candidates
for two offices of councilman and for municipal judge, department 2, must be
nominated.

held in the city at which time candidates for two offices of
councilman and for municipal judge, department 2, must be nominated.

2. On the Tuesday after the 1st Monday in
May 1987, and at each successive interval of 4 years, a primary municipal
election must be held in the city at which time candidates for mayor, for two
offices of councilman and for municipal judge, department 1, must be nominated.

3. The candidates for councilman who are
to be nominated as provided in subsections 1 and 2 must be nominated and voted for
separately according to the respective wards. The candidates from wards 2 and 4
must be nominated as provided in subsection 1, and the candidates from wards 1
and 3 must be nominated as provided in subsection 2.

4. If the city council has established an
additional department or departments of the municipal court pursuant to section
4.010 of this charter, and, as a result, more than one office of municipal
judge is to be filled at any election, the candidates for those offices must be
nominated and voted upon separately according to the respective departments.

5. Each candidate for the municipal
offices which are provided for in subsections 1, 2 and 4 must file a
declaration of candidacy with the city clerk not less than 30 days nor more
than 40 days before the day of the primary election. If the last day for filing
a declaration of candidacy falls on a Saturday, Sunday or legal holiday, the
period for filing expires on the preceding business day at 5 p.m. The city
clerk shall collect from each candidate, at the time of filing that candidates
declaration of candidacy, the filing fee which is prescribed by ordinance for
that office. All of the filing fees which are collected by the city clerk must
be paid into the city treasury.

6. If, at 5 p.m. on the last day for
filing a declaration of candidacy, there is only one candidate for nomination
for any office, that candidate must be declared elected for the term which
commences on the day of the first regular meeting of the city council after the
Tuesday after the 1st Monday in June of that year, and no primary or general
election need be held for that office.

7. If, in the primary election,
regardless of the number of candidates for an office, one candidate receives a
majority of votes which are cast in that election for the office for which he
is a candidate, he must be declared elected for the term which commences on the
day of the first regular meeting of the city council after the Tuesday after
the 1st Monday in June of that year, and no general election need be held for
that office. If, in the primary election, no candidate receives a majority of
votes which are cast in that election for the office for which he is a
candidate, the names of the two candidates who receive the highest number of
votes must be placed on the ballot for the general election.

1. A general municipal election must be
held in the city on the Tuesday after the 1st Monday in June of each
odd-numbered year and on the same day every 2 years thereafter, at which time
there must be elected those officers whose offices are required to be filled by
election in that year.

2. All candidates for elective office,
except the office of councilman, must be voted upon by the registered voters of
the city at large.

Sec. 5.030 Applicability of state
election laws; elections under city councils control.

1. All elections which are held under
this charter are governed by the election laws of the state, as far as those
laws can be made applicable and are not inconsistent with this charter.

2. The conduct of all municipal elections
is under the control of the city council. The city council shall prescribe by
ordinance all of the regulations which it considers are desirable and
consistent with law and this charter for the conduct of municipal elections,
for the prevention of fraud in those elections and for the recount of ballots
in cases of doubt or fraud.

Sec. 5.040 Qualifications,
registration of electors.

1. Each person who is a resident of the
city at the time of holding any municipal election and whose name appears upon
the official register of voters in and for the city is entitled to vote at that
municipal election, whether special, primary or general, and for all of the
officers who are to be voted for and on all of the questions that may be
submitted to the people at that special, primary or general election, except as
is otherwise provided in this article.

2. The city council may provide for
supplemental registration.

Sec. 5.050 Names on ballots. The
full names of all of the candidates, except those who have withdrawn, died or
become ineligible, must be printed on the official ballots without party
designation or symbol. The use of nicknames in conjunction with the candidates
legal names is allowed, and the nicknames may be printed with the legal names
on the official ballots. If two or more candidates have the same name or names
which are so similar as likely to cause confusion, their residence addresses
must be printed with their names on the ballots.

Sec. 5.060 Ballots for ordinances
and charter amendments. An ordinance or charter amendment which is
to be voted on in the city must be presented for voting by ballot title. The
ballot title of a measure may differ from its legal title, but must be a clear
and concise statement which describes the substance of the measure without
argument or prejudice. Below the ballot title must appear the following
question: Shall the above described (ordinance) (charter amendment) be
adopted? The ballot, voting machine or voting device must be marked in such a
way as to indicate clearly in what manner the voter may cast his vote, either
for or against the ordinance or charter amendment.

Sec. 5.070 Availability of lists of
registered voters. If, for any purpose which relates to a
municipal election or to the candidates or issues which are involved in that
election, any organization, group or person requests a list of the registered
voters of the city, the department, office or agency which has custody of the
official register of voters shall either permit that organization, group or
person to copy the voters names and addresses from the official register of
voters or furnish the list upon payment of the fee which is prescribed in
chapter 293 of NRS.

Sec. 5.080 Watchers and
challengers. A candidate may, upon written application to the
election authorities at least 5 days before the election, appoint two persons
to represent him as watchers and challengers at each polling place at which
voters may cast their ballots for the office for which he is a candidate. Each
person who has been appointed has all of the rights and privileges which are
prescribed for watchers and challengers under the election laws of the state.
The watchers and challengers may exercise their rights throughout the voting
and until the ballots have been counted.

Sec. 5.090 Voting machines. The
city council may provide for the use of mechanical or other devices for voting
or for counting the votes, or both, which are not inconsistent with the law or
the regulations of the secretary of state.

1. The returns of any special, primary or
general municipal election must be filed with the city clerk, who shall
immediately place those returns in a safe or vault, and no person may be
permitted to handle, inspect or in any manner interfere with those returns
until they have been canvassed by the city council.

2. The city council shall meet within 10
days after any election, canvass the returns and declare the result. The
election returns must then be sealed and kept by the city clerk for 6 months,
and no person may have access to the returns except on order of a court of
competent jurisdiction or by order of the city council.

3. The city clerk, under his hand and
official seal, shall issue to each person who is declared to be elected a
certificate of election. The officers who have been elected shall qualify and
enter upon the discharge of their respective duties on the day of the first
regular meeting of the city council after the Tuesday after the 1st Monday of
June of that year.

4. If the election for any office results
in a tie, the city council shall summon the candidates who received the equal
number of votes and determine the tie by lot. The clerk shall then issue to the
winner a certificate of election.

Sec. 5.110 Special elections:
Registration of electors.

1. If a question is to be submitted to
the registered voters of the city at a municipal or state primary or general
election, no notice of registration of electors is
required other than that which is required by the election laws of the state
for that election.

registration of electors is required other than that which
is required by the election laws of the state for that election. If the
question is to be submitted at a special municipal election, the city clerk
shall at the expense of the city, cause to be published at least once a week
for 5 consecutive weeks by five weekly insertions 1 week apart, the first publication
to be not more than 60 days nor less than 45 days next preceding the election,
a notice which has been signed by him to the effect that registration for the
special election will be closed on the date which is designated in the notice,
as provided in this section.

2. Except as provided in this subsection,
the office of the city clerk must be open for the special election from 9 a.m.
to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with legal
holidays excepted, for the registration of any qualified elector.

Sec. 5.120 Special elections:
Notice of election.

1. The city clerk shall cause a notice of
a special municipal election to be published at least once a week for 2
consecutive weeks by two weekly insertions 1 week apart, the first publication
to be not more than 14 days nor less than 8 days next preceding the special
election.

2. The notice of the special election
must contain:

(a) The date and places of holding the election.

(b) The hours during the day in which the polls will
be open, which must be the same as are provided for general elections.

(c) A statement of the question in substantially
the same form as it will appear on the official ballot.

1. The city clerk may consolidate or
otherwise modify voting precincts for any special municipal election and shall
designate the polling places, appoint the officers of the election for each
precinct in such number as he may determine, and fix the respective duties and
compensation of those officers.

2. Any qualified elector who is properly
registered is qualified to vote at the special election.

3. The costs of any special election must
be paid by the city.

ARTICLE VI

Local Improvements

Sec. 6.010 Local improvement law. The
city council, on behalf of the city and in its name, without any election, may
from time to time acquire, improve, equip, operate and maintain, convert to or
authorize, in addition to the projects authorized by chapter 271 of NRS:

1. Street lighting projects;

2. Underground electric and communication
facilities; and

3. Any combination of those projects.

Sec. 6.020 Local improvement law:
Collateral powers. The city council, on behalf of the city, for
the purpose of defraying all of the costs of acquiring,
improving or converting to any project which is authorized by section 6.010, or
any portion of those costs which are not to be defrayed with money which is
otherwise available for that purpose, is vested with all of the powers which
are granted to municipalities by chapters 271 and 704A of NRS.

costs of acquiring, improving or converting to any project
which is authorized by section 6.010, or any portion of those costs which are
not to be defrayed with money which is otherwise available for that purpose, is
vested with all of the powers which are granted to municipalities by chapters
271 and 704A of NRS.